Frederick v. Wilcox
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Tried before Hon. John Moore. Louis Frederick sued James Wilcox and Willis Owens to recover possession of lands. The defendants pleaded not guilty. The plaintiff introduced evidence tending to show title and possession prior to t'he bringing of his suit. The defendants then offered in evidence a mortgage executed by the plaintiff, Louis Frederick, and A. E. Frederick, his wife, to the defendant, James Wilcox.
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Appeal from Bibb Circuit Court. Tried before Hon. John Moore. Louis Frederick sued James Wilcox and Willis Owens to recover possession of lands. The defendants pleaded not guilty. The plaintiff introduced evidence tending to show title and possession prior to t'he bringing of his suit. The defendants then offered in evidence a mortgage executed by the plaintiff, Louis Frederick, and A. E. Frederick, his wife, to the defendant, James Wilcox. The plaintiff objected to the introduction of said mortgage in evidence because of certain defects of form in the mortgage and acknowledgments thereto,…
1Opinion of the CourtHaralson, J.
The mortgage in this case admitted in evidence against plaintiff’s objection, does not contain the names of the 'husband and wife as grantors in the body of the instrument, but it is signed by each of them at the conclusion under its signing clause. Instead of the names of the grantors being set out, the *357mortgage, in recital of consideration, states “that the undersigned is justly indebted to James Wilcox in the sum of two hundred dollars, etc.” ***** “and for the purpose and consideration of securing the same, the undersigned have this day bargained, sold and conveyed, etc.,” and concludes,…
2Cases cited4 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Madden v. FloydSupreme Court of Alabama · 1881
- Gates v. HesterSupreme Court of Alabama · 1886
- Sheldon v. CarterSupreme Court of Alabama · 1890
3Cited by18 opinions
- Bowles v. LowerySupreme Court of Alabama · 1913
- Ruffin v. CrowellSupreme Court of Alabama · 1950
- Wright v. Bentley Lumber Co.Supreme Court of Alabama · 1914
- St. Clair Springs Hotel Co. v. BalcombSupreme Court of Alabama · 1926
- Sulzby v. PalmerSupreme Court of Alabama · 1916
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