Cheney v. Nathan
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jebe N. Williams. ' " , ‘ The bill in this case was filed by G. 0. "jariney and John C. Cheney, as trustees of Moses Bros., against Emily T. Nathan, under act of the legislature of Alabama, (Acts 1892-93, p. 42), to compel the determination of the claims of said Emily T. Nathan to the east half of lot No. 11, on the north side of Dexter Avenue (formerly Market street) in the city of Montgomery.
Read the full summary
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jebe N. Williams. ' " , ‘ The bill in this case was filed by G. 0. "jariney and John C. Cheney, as trustees of Moses Bros., against Emily T. Nathan, under act of the legislature of Alabama, (Acts 1892-93, p. 42), to compel the determination of the claims of said Emily T. Nathan to the east half of lot No. 11, on the north side of Dexter Avenue (formerly Market street) in the city of Montgomery. The bill avers that on the 17th day of July, 1891, said Emily T. Nathan and her husband, Lewis W. Nathan, executed to Sayre, Levin…
1Opinion of the CourtMoOLELLAN, J.
The deed from Mrs. Nathan to complainant’s predecessors was invalid, the land embraced in it being her statutory separate estate, unless *264her husband joined therein “in the mode prescribed by law for the execution of conveyances of land.” — Code, § 2348.
Attached to the deed is the certificate of a notary public in due form to the effect that the husband, Lewis Nathan, acknowledged his signature to the deed; and his signature appears to the paper. But it is clearly proved that at the time this certificate was made he had not signed the deed, that he did not- sign it at any time in the presence…
2Cases cited1 opinion
- Ward v. JanneySupreme Court of Alabama · 1893
3Cited by26 opinions
- Dorothy Evans Anderson Etc. v. Dr. M. L. MoorerCourt of Appeals for the Fifth Circuit · 1967
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Wheelock v. CavittTexas Supreme Court · 1898
- Adler v. SullivanSupreme Court of Alabama · 1896
- Humble Oil Refg. Co. v. Clara May DowneyTexas Supreme Court · 1944
21 more not listed; retrieve them via the Exa API.