Scott v. Simons
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hou. ,¥n. B. Wood. This action was brought by John Scott, against Mrs. Sarah E. Simons, to recover the possession of a tract of land, with damages for its detention; and was commenced on the 26th April, 1879. The plaintiff claimed the land under a mortgage executed to him by William Simons (the defendant’s husband) and his wife, dated the 11th September, 1876, and given to secure the payment of three promissory…
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Appeal from the Circuit Court of Lauderdale. Tried before the Hou. ,¥n. B. Wood. This action was brought by John Scott, against Mrs. Sarah E. Simons, to recover the possession of a tract of land, with damages for its detention; and was commenced on the 26th April, 1879. The plaintiff claimed the land under a mortgage executed to him by William Simons (the defendant’s husband) and his wife, dated the 11th September, 1876, and given to secure the payment of three promissory notes, which (fell due on the 1st January, 1877, 1878, and 1879, respectively. “It was admitted that said William Simons…
1Opinion of the CourtBrickell, C. J.
The constitution of 1868 provided, that a mortgage, or other alienation of the homestead, by the owner, if a married man, should not be valid, withotrt the voluntary signature and assent of the wife. The provision is embodied, in the same words, in the present constitution. Tt was not until April 23, 1873, that any particular form or mode for the execution of an alienation of the homestead was provided by the General Assembly, or any form or mode in which it should be made, to appear that the signature and assent of the wife to such alienation was voluntary. Without such signature and assent,…
2Cases cited7 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Hayden v. WescottSupreme Court of Connecticut · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Realty Investment Co. v. City of MobileSupreme Court of Alabama · 1913
19 more not listed; retrieve them via the Exa API.