Tyler v. Jewett
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 6th November, 1886, by Tbornton Tyler, against John F. Jewett; and sought, principally, the cancellation of a mortgage on a small lot in the city of Mobile, which the complainant and his wife had executed to said defendant, but which had no certificate of acknowledgment by the wife on examination separate and apart from her husband ; also, to cancel a lease…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 6th November, 1886, by Tbornton Tyler, against John F. Jewett; and sought, principally, the cancellation of a mortgage on a small lot in the city of Mobile, which the complainant and his wife had executed to said defendant, but which had no certificate of acknowledgment by the wife on examination separate and apart from her husband ; also, to cancel a lease of the lot, which the complainant had accepted from the defendant after a sale under the power contained in the…
1Opinion of the CourtClopton, J.
— Each party takes an appeal from a decree rendered in a suit instituted in the Chancery Court by Thornton Tyler, against John F. Jewett. The purposes of the bill are, to have declared void and cancelled a mortgage, executed by complainant and his wife to defendant, on a lot in Mobile, and, incidentally, to annul a lease of the lot, and to divest defendant of the legal title. The right to relief is based on the ground, that the lot mortgaged was the homestead of complainant, and the insufficiency of the certificate of acknowledgment of the wife’s signature and assent to constitute a valid…
2Cases cited6 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- Watts v. GordonSupreme Court of Alabama · 1880
- Smith v. MurphySupreme Court of Alabama · 1877
- Wassell v. TunnahSupreme Court of Arkansas · 1867
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3Cited by33 opinions
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- Bell v. BellSupreme Court of Alabama · 1911
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Ex parte BarnesSupreme Court of Alabama · 1887
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