Stewart v. Beard
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. Leroy E. Box. This was a statutory real action in the nature of ejectment,, brought by Eli B. Beard, the appellee, against Mary A, Stewart, the .appellant, and was commenced on 13 th February, 1879. The appellee claimed title under an instrument of writing, purporting to be a deed conveying to him the land in controversy, and bearing date, December 14th, 1866. The facts touching the execution of this instrument are…
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Appeal from Etowah Circuit Court. Tried before Hon. Leroy E. Box. This was a statutory real action in the nature of ejectment,, brought by Eli B. Beard, the appellee, against Mary A, Stewart, the .appellant, and was commenced on 13 th February, 1879. The appellee claimed title under an instrument of writing, purporting to be a deed conveying to him the land in controversy, and bearing date, December 14th, 1866. The facts touching the execution of this instrument are sufficiently stated in the opinion. When it was offered in evidence by the appellee, the appellant objected, on the ground that…
1Opinion of the Court
BB.ICKELL, O. J.
The plaintiff (now appellee) deduced title, right of entry, and of possession in and to the premises in controversy, from an instrument purporting to be a conveyance, executed by Sutton and wife. ' The execution of the instrument was not acknowledged and certified in the mode prescribed by the statute for the acknowledgment of conveyances.' It contains the usual attestation clause, and purports to have been attested by one McMahan, signing by a mark only, and by one Anderson, writing his name. The grantor Sutton signs by writing his name; the wife by making her mark. The…
2Cases cited2 opinions
- Lord v. Folmar & SonSupreme Court of Alabama · 1877
- Goodlett v. HansellSupreme Court of Alabama · 1876
3Cited by6 opinions
- Seibold v. RogersSupreme Court of Alabama · 1895
- Doe ex dem. Evans v. RichardsonSupreme Court of Alabama · 1884
- O'Neal v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1903
- Caperton v. HallSupreme Court of Alabama · 1887
- Allred v. ElliottSupreme Court of Alabama · 1881
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