McBride v. Lowe
Supreme Court of Alabama
Apppeal from Lawrence Circuit Court. Heard before 1-Ion. D. W. Speake. Ejectment by W. T. Lowe and’ others against S. A. McBride. Judgment for plaintiffs and defendant appeals. The cleecl Avas inadmissible because made in Jackson county, Alabama, and acknoAvledged before a Tennessee notary Avho did not attach his seal. The court erred in admitting the record as section 3374, Code 1907, provides for a certified transcript of the record.
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Apppeal from Lawrence Circuit Court. Heard before 1-Ion. D. W. Speake. Ejectment by W. T. Lowe and’ others against S. A. McBride. Judgment for plaintiffs and defendant appeals. The cleecl Avas inadmissible because made in Jackson county, Alabama, and acknoAvledged before a Tennessee notary Avho did not attach his seal. The court erred in admitting the record as section 3374, Code 1907, provides for a certified transcript of the record. The court should have alloAved Ready to state that he knew McBride Avas in possession of the land and claiming it at the time he purchased it. This appeal…
1Opinion of the CourtSimpson, J.
This suit Avas brought, as shown by the summons and complaint, by “W. T. LoAve and Tennis Tidwell, partners doing business under the firm name and style of LoAve & Tidwell,” against S. A. McBride (it being statutory ejectment to recover lands).
Defendant objected to the introduction of the record of a deed from J. F. Graham and G. F. Graham to T. L. Ready, the record showing that said deed Avas acknowledged in Tennessee, before a notary public, but not showing that any notarial seal Avas attached. The court admitted, the deed only as color of title. In this there Avas no error. It is not…
2Cases cited2 opinions
- Henry v. BrownSupreme Court of Alabama · 1904
- Rogers v. KeithSupreme Court of Alabama · 1906
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