Lucas v. Boyd
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. J. M. Miller, Special Judge. • Ejectment by Laura Jones Lucas against Bethenia Boyd. From a judgment for defendant, plaintiff appeals. The plaintiff, in order to show title to tbe property, offered in evidence a deed tbe acknowledgement of which was taken before James F. Griffin, mayor and ex officio justice of the peace.
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Appeal from Marengo Circuit Court. Heard before Hon. J. M. Miller, Special Judge. • Ejectment by Laura Jones Lucas against Bethenia Boyd. From a judgment for defendant, plaintiff appeals. The plaintiff, in order to show title to tbe property, offered in evidence a deed tbe acknowledgement of which was taken before James F. Griffin, mayor and ex officio justice of the peace. The acknowledgment was in the usual Code form, and headed, “The State of Alabama, Marengo County,” not stating the city or town where taken. The deed ivas- signed by mark and attested by J. F. Griffin. Objection was…
1Opinion of the Court
TYSON, O. J.
The first question presented by the record is, assuming that the officer taking the acknowledgment was, at the time it was taken, mayor of the city *429of Demopolis, whether under the authority conferred upon him by the charter of that city he was authorized to take acknowledgments to conveyances. The statute conferred authority to take acknowledgments and proofs of conveyances upon justices of the peace. Section 1799, Code of 1886. By the said chartter it was provided “that the mayor * * * is vested ex officio with and may exercise in said city all the powers and authority of…
2Cases cited9 opinions
- Touchard v. CrowCalifornia Supreme Court · 1862
- Wilson v. SimpsonTexas Supreme Court · 1887
- Keller v. MooreSupreme Court of Alabama · 1874
- President of Middlebury College v. CheneySupreme Court of Vermont · 1828
- McCarver v. HerzbergSupreme Court of Alabama · 1898
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3Cited by3 opinions
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- Hill v. WittmeierSupreme Court of Alabama · 1923
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