Orendorff v. Suit
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eliza A. Orendorff against W. R. Suit and others, to foreclose a mortgage. Decree for respondent and complainant appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eliza A. Orendorff against W. R. Suit and others, to foreclose a mortgage. Decree for respondent and complainant appeals. The amended answer and cross hill denies the execution of the mortgage and should have been sworn to. — Noble v. Gilliam, 136 Ala. 618. In the absence of fraud or duress the certificate of acknowledgement is conclusive of the facts therein stated. — Gryder v. Mortgage Co., 99 Ala. 281; Giddens v. Bolling, 99 Ala. 319; Am. F. L. Mtg. •Go. v. Jaones, 105 Ala. 347; Ginwright v. Nelson, 105 Ala. 399;…
1Opinion of the CourtSayre, J.
Appellant filed her bill to foreclose a mortgage. The mortgaged property constituted the homestead of the mortgagees, and notwithstanding the mortgage purported to have been signed and acknowledged by the wife in due form appellees defended on the ground — along with another which need not be considered — that the mortgage had not in fact been executed •or acknowledged by the wife as required by the statute in such cases.
It is the settled law of this jurisdiction that the taking and certification of an acknowledgment is a judicial function, and when the certifying officer acquires…
2Cases cited7 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Cheney v. NathanSupreme Court of Alabama · 1895
- Barnett v. Proskauer & Co.Supreme Court of Alabama · 1878
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- Giddens v. BollingSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Gilley v. DenmanSupreme Court of Alabama · 1913
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Moore v. BraggSupreme Court of Alabama · 1925
3 more not listed; retrieve them via the Exa API.