Roney v. Moss
Supreme Court of Alabama
Appeal from the Circuit Court of Iienry. Tried before the Hon. Jno. P. Hurraed. This action was brought by James Moss, against John E. Honey, to recover the possession of a certain tract of land, particularly described in the complaint, with damages for its detention ; and was commenced on the 5th August, 1880. On the trial, as the bill of exceptions shows, the plaintiff claimed title to the land under a patent from the United States, which was produced and admitted as…
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Appeal from the Circuit Court of Iienry. Tried before the Hon. Jno. P. Hurraed. This action was brought by James Moss, against John E. Honey, to recover the possession of a certain tract of land, particularly described in the complaint, with damages for its detention ; and was commenced on the 5th August, 1880. On the trial, as the bill of exceptions shows, the plaintiff claimed title to the land under a patent from the United States, which was produced and admitted as evidence, and proved his possession under said patent; while the defendant was in possession under a purchase and conveyance…
1Per curiam
— The certificate to the mortgage offered in evidence does not substantially conform to the requirements of the statute.' — Code of 1876, § 2158. A noteworthy omission in the certificate is, that it fails to aver the grantors were informed of the contents of the conveyance, not to notice other imperfections. — Code, § 2145. To justify the reception of the paper in evidence, there should have been other proof of its execution.' — Bickley v. Keenan, 60 Ala. 293; Hendon v. White, 52 Ala. 597; Sharpe v. Orme, 61 Ala. 263; Rogers v. Adams, 66 Ala. 600.
The judgment of the Circuit Court is affirmed.
2Cases cited4 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
3Cited by5 opinions
- Caldwell v. PollakSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- UNITED STATES FINANCE COMPANY v. JonesSupreme Court of Alabama · 1972
- Davidson v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1895
- Tranum v. WilkinsonSupreme Court of Alabama · 1886