Alabama Life Insurance & Trust Co. v. Boykin
Supreme Court of Alabama
Appeal from the Circuit Court of Washington, Tried before the Hon, C. W. Rapiek. This action was brought by the appellant, against James M. Boykin, to recover the possession of a tract of land, with damages for its detention. The case was submitted to the court below on an agreed statement of facts, with leiave to either party to appeal.
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Appeal from the Circuit Court of Washington, Tried before the Hon, C. W. Rapiek. This action was brought by the appellant, against James M. Boykin, to recover the possession of a tract of land, with damages for its detention. The case was submitted to the court below on an agreed statement of facts, with leiave to either party to appeal. The land in controversy, as appears from the agreed statement of facts, belonged to Sarah M. McGfrew, having been devised to her by her father. She afterwards married Robert F. Hazzard, and, on the 7th February, 1844, joined with her said husband in conveying…
1Opinion of the CourtStone, J.
In the case of Boykin v. Rain, (28 Ala. 332,) the same mortgage and certified acknowledgment were under discussion, which are the foundation of the present suit. In that case, the court held, that the certificate was not a substantial compliance with the requirements of the statute, and that consequently the title did not pass. That case was decided before I became a member of the court; but an application for a rehearing was submitted to the court after my election. The majority overruled the application, but I did not concur in their *512conclusion. That decision has stood for seven years ; and…
2Cases cited3 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Norman v. HeistSupreme Court of Pennsylvania · 1843
- Boykin v. RainSupreme Court of Alabama · 1856
3Cited by23 opinions
- Jim Burke Automotive, Inc. v. BeaversSupreme Court of Alabama · 1996
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Ex Parte JenkinsSupreme Court of Alabama · 1998
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Sanders v. CabanissSupreme Court of Alabama · 1869
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