Spink v. Guarantee B. & T. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by Margaret H. Spink against the Guarantee Bank & Trust Company to declare -a deed void and remove it as a cloud upon title. Decree for respondent, and complainant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by Margaret H. Spink against the Guarantee Bank & Trust Company to declare -a deed void and remove it as a cloud upon title. Decree for respondent, and complainant appeals. The facts of the case seem to be that appellant, with her husband, on the 7th day of April, 1910, executed an instrument, purporting to be an absolute conveyance, conveying to appellee an absolute title in the property of appellant described in said conveyance. The instrument was written, and the joint acknowledgment of husband and wife and the…
1Opinion of the CourtSayre, J.
The point taken against the chancellor’s decree is that he gave effect to a deed of the homestead which was acknowledged before a notary who was at the time a stockholder and officer of the grantee corporation. There were two acknowledgments, one in the form used in connection with ordinary conveyances, the other in the form required in the case of conveyances of the homestead by the wife. The execution of the instrument was proved by the deposition of the notary, whose certification of the acknowledgment was .thus properly allowed to stand for his attestation as a witness. — N. C. & St. L.…
2Cases cited3 opinions
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Weiner v. SterlingSupreme Court of Alabama · 1878
- Campbell v. NobleSupreme Court of Alabama · 1906
3Cited by7 opinions
- Peagler v. DavisSupreme Court of Georgia · 1915
- Jones v. StollenwerckSupreme Court of Alabama · 1928
- Saranac Mach. Co. v. HeywardCourt of Appeals for the Fifth Circuit · 1923
- Exchange National Bank v. Pearsons-Taft Co.Supreme Court of Georgia · 1924
- Pruett v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1935
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