Legal Opinion

Jackson v. Kirksey

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 9 opinions

Appeal from the Circuit Court of Choctaw. Tried, before the Hon. James T. Joniss. This was a statutory action of ejectment, brought by the appellants against the .appellees. The claim of the plaintiffs to the land sued for was based upon a tax deed, executed to them by the probate judge of Choctaw county, conveying the lands sued for.

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Appeal from the Circuit Court of Choctaw. Tried, before the Hon. James T. Joniss. This was a statutory action of ejectment, brought by the appellants against the .appellees. The claim of the plaintiffs to the land sued for was based upon a tax deed, executed to them by the probate judge of Choctaw county, conveying the lands sued for. This tax deed was offered in evidence by the plaintiffs to show their title ; but was objected to by defendants, on the grounds that the acknowledgment attached to said deed was insufficient, in that it failed to show that the probate judge acknowledged before…

1Opinion of the CourtHead,j.

The action is statutory ejectment tore-cover possession of land which the plaintiffs claim as purchasers at a tax sale, made on or about May 10th, 1891. The sole question presented for decision is whether or not the certificate of acknowledgment appended to the conveyance of the probate judge, is in proper form. The certificate was as follows •

“The State of Alabama,

Choctaw County.

I hereby certify that before me, B. F. Gilder, clerk of the circuit court in and for said county, personally appeared the above named O. C. McCall, judge of £>robate of said'county, personally known to me to be the…

2Cases cited6 opinions

  1. Boykin v. SmithSupreme Court of Alabama · 1880
  2. Abney v. DeLoachSupreme Court of Alabama · 1887
  3. East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
  4. Keller v. MooreSupreme Court of Alabama · 1874
  5. Bolling v. SmithSupreme Court of Alabama · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Reddick v. LongSupreme Court of Alabama · 1899
  2. Parker v. Boutwell & SonSupreme Court of Alabama · 1898
  3. Thomas v. DavisSupreme Court of Alabama · 1941
  4. Smith v. CoxSupreme Court of Alabama · 1896
  5. UNITED STATES FINANCE COMPANY v. JonesSupreme Court of Alabama · 1972

4 more not listed; retrieve them via the Exa API.

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