Watson v. Herring
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment, brought by the appellee, J. J. Herring, against Martha Watson and her husband, J. J. Watson, and sought to recover certain lands specifically described in the complaint.
Read the full summary
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment, brought by the appellee, J. J. Herring, against Martha Watson and her husband, J. J. Watson, and sought to recover certain lands specifically described in the complaint. The defendants pleaded the general issue and the following special pleas : 1. That there were $64 of usury included in the mortgage upon which plaintiff relies to recover the land sued for. The 2d, 3d and 4th pleas were pleas of set-off, in which the defendants averred that the plaintiff was indebted to…
1Opinion of the CourtMcCLELLAN, J.
This is a statutory action for the recovery of land prosecuted by Herring against Martha Watson and J. J. Watson. Plaintiff claimed title under a mortgage which was signed by the defendants. It appears from the abstract that “this mortgage is not witnessed by any person, nor is it probated by any officer authorized to take acknowledgments, nor purported to be probated by any officer.” The instrument without attestation or acknowledgment was inoperative to vest title to the land in the plaintiff; and the affirmative charge requested by the defendant should have been given.
It was stated at the…
2Cases cited3 opinions
- McKinnon v. LessleySupreme Court of Alabama · 1889
- Powell v. CrawfordSupreme Court of Alabama · 1895
- Lampley v. KnoxSupreme Court of Alabama · 1890
3Cited by3 opinions
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Lewis v. HerreraArizona Supreme Court · 1906
- Gault v. McCalleySupreme Court of Alabama · 1933