Coleman v. Smith
Supreme Court of Alabama
Appeal from tbe Chancery Court of Autauga. Heard before tbe Hon. Chart;es Tuekeb. Tbe original bill in tbis case was filed on tbe 23d January, 1873, by J ames D. McQueen and Mrs. Elizabeth S. Coleman, tbe wife of Stephen "W. Coleman, who sued by ber next friend and brother, tbe said James D. McQueen, against tbe said Stephen W. Coleman, William D. Smith, and W. J. Boon, the sheriff of said county; and sought to enjoin and restrain the said W. D. Smith from selling certain…
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Appeal from tbe Chancery Court of Autauga. Heard before tbe Hon. Chart;es Tuekeb. Tbe original bill in tbis case was filed on tbe 23d January, 1873, by J ames D. McQueen and Mrs. Elizabeth S. Coleman, tbe wife of Stephen "W. Coleman, who sued by ber next friend and brother, tbe said James D. McQueen, against tbe said Stephen W. Coleman, William D. Smith, and W. J. Boon, the sheriff of said county; and sought to enjoin and restrain the said W. D. Smith from selling certain lands under a mortgage executed to him by the said Stephen W. and Elizabeth S. Coleman, and also to enjoin the further…
1Opinion of the Court
STONE, J. —
Only two questions are raised by the assignments of error by Mrs. Coleman. First, the claim of homestead. Mrs. Coleman united with her husband in the execution of the mortgage to Wm. D. Smith, and the certificate of the acknowledgment of the mortgage is, in form, strictly according to the statute.' — Bevised Code, § 1548. It is contended, however, that, although signed and acknowledged by Mrs. Coleman, yet the mortgage was not, in fact, executed with her “voluntary signature and assent.” Four witnesses were examined on this disputed question. The substance of the testimony…
2Cases cited17 opinions
- Borland v. MayoSupreme Court of Alabama · 1845
- Lyon v. HuntSupreme Court of Alabama · 1847
- Anderson v. HooksSupreme Court of Alabama · 1846
- Wilkinson v. CheathamSupreme Court of Alabama · 1871
- Goodgame v. Cole & Co.Supreme Court of Alabama · 1847
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Seaman v. NolenSupreme Court of Alabama · 1880
- Moses Bros. v. JohnsonSupreme Court of Alabama · 1889
- Turner v. KellySupreme Court of Alabama · 1881
- Sims v. GunterSupreme Court of Alabama · 1918
13 more not listed; retrieve them via the Exa API.