Homer v. Schonfeld
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before the Hon. Thomas W. Coleman. 1st. The acknowledgment to the mortgage was defective. Sharpe v. Orme, 61 Ala. 263; Scott v. Simmons, 70 Ala. 355; Hood v. Poioell, 73 Ala. 171; Motes v. Carter, 73 Ala, 553; Alford v. Lehman, 76 Ala. 526; Watson v. .Mansell, 76 Ala. 600; Cretin v. Nelson, 78 Ala. 604; Strauss v. Harrison, 79 Ala. 324; Gates v. Hester, 81 Ala. 357; Shelton v. Aultman, in MSS. 2nd.
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Appeal from Mobile Chancery Court. Heard before the Hon. Thomas W. Coleman. 1st. The acknowledgment to the mortgage was defective. Sharpe v. Orme, 61 Ala. 263; Scott v. Simmons, 70 Ala. 355; Hood v. Poioell, 73 Ala. 171; Motes v. Carter, 73 Ala, 553; Alford v. Lehman, 76 Ala. 526; Watson v. .Mansell, 76 Ala. 600; Cretin v. Nelson, 78 Ala. 604; Strauss v. Harrison, 79 Ala. 324; Gates v. Hester, 81 Ala. 357; Shelton v. Aultman, in MSS. 2nd. The decree failed to refer the matter to the register to ascertain and report the interest of the wife in the property, and to make some provision for…
1Opinion of the CourtStone, C. J.
This bill was filed for the foreclosure of a mortgage, made by William H. Homer and his wife, E. B. Homer. The mortgage has no subscribing witnesses. It is contended in defense that the premises purporting to have been conveyed were the homestead on which Homer resided with his family, and that the certificate of acknowledgment by the wife is not sufficient to divest the homestead title.
The mortgage bears date July 17, 1883. Following- this is a certificate of acknowledgment by the husband, made before a justice of the peace, dated September 4, 1883, and certified by him, in strict compliance…
2Cases cited10 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Walker v. HallettSupreme Court of Alabama · 1840
- Scott v. SimonsSupreme Court of Alabama · 1881
- Walker v. Bank of MobileSupreme Court of Alabama · 1844
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3Cited by2 opinions
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Steverson v. Agee & Co.Alabama Court of Appeals · 1913