Balkum v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. ClaytoN. On March 13th, 1875, one Watson and wife executed their Íromissory note to the appellant, James W. Balkum, for 75, due October 1st, 1875, to secure the payment of which they executed a mortgage to appellant upon their homestead, it being the property of the husband, consisting of 400 acres of land.
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Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. ClaytoN. On March 13th, 1875, one Watson and wife executed their Íromissory note to the appellant, James W. Balkum, for 75, due October 1st, 1875, to secure the payment of which they executed a mortgage to appellant upon their homestead, it being the property of the husband, consisting of 400 acres of land. Their joint acknowledgment of said mortgage was taken the same day before a notary, but the wife was not examined separate and apart from her husband touching her signature and assent to the mortgage. The indebtedness was…
1Opinion of the CourtStone, J.
1'. When tbe mortgage of Watson’s homestead,-jinder wbicb appellant, claims, was executed March 13th,-1875, tbe act to “regulate property exempted from sale *645for the payment of debts,” was operative. — Pamph. Acts 1872-3, p. 64. That statute declares that “no mortgage or other alienation of any homestead exempted by this act, by the owner thereof, if a married man, shall be valid, without the voluntary signature and assent of the wife, which voluntary signature and assent must be shown by the examination of the wife, separate and apart from the husband, touching the same, had before a Circuit…
2Cases cited1 opinion
- McGuire v. Van PeltSupreme Court of Alabama · 1876
3Cited by10 opinions
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Hammond v. ShippSupreme Court of Alabama · 1974
- Parks v. BarnettSupreme Court of Alabama · 1893
- Cox v. HolcombSupreme Court of Alabama · 1888
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