Henderson v. Kirkland
Supreme Court of Alabama
Appeal from the Chancery Court of Dale. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellants, J. E.. and W. E. Henderson, against the appellees, J. L. Y. Kirkland and his wife, E. J. Kirkland.
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Appeal from the Chancery Court of Dale. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellants, J. E.. and W. E. Henderson, against the appellees, J. L. Y. Kirkland and his wife, E. J. Kirkland. The bill averred that the defendants bad executed a mortgage to the-complainants to secure the payment of an indebtedness, which they owed to the complainants; that in the execution of this mortgage each of the defendants being unable to write, did sign the same by making their mark, and that'there was but one attesting witness. It was then averred that default had…
1Opinion of the CourtHaralson, J.
Neither of the defendants, who are the mortgagors in the mortgage sought to be specifically ¡enforced as a contract to convey title, and foreclosed, could write their names. Their names were written for them by John Adams, with the words his and her mark written over each name, with a cross mark between the words, his and her mark, as they appear. The mortgage was attested by said John Adams alone, whose name .appears signed thereto as a witness.
The Code, section 982, requires that conveyances for the alienation of lands “must be signed at their foot by the contracting party, or his agent…
2Cases cited8 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Wife v. DarginSupreme Court of Alabama · 1880
- Gardner v. MooreSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thomas v. DavisSupreme Court of Alabama · 1941
- Gay v. FlemingSupreme Court of Alabama · 1913
- Lyon v. HardinSupreme Court of Alabama · 1900
- Glover v. WoodwardSupreme Court of Alabama · 1920
- Barker v. PinsonSupreme Court of Alabama · 1926
1 more not listed; retrieve them via the Exa API.