Logwood v. Hussey
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. This action was brought by Elijah M. Hussey, against John E. Logwood and his wife, Mrs. Hettie B. Logwood, to recover one horse, nine mules, and two hundred bushels of wheat, together with the value of the hire or use of said property during its detention; and was commenced on the 17th January, 1876. The plaintiff claimed the property under a conveyance from the defendants, which was in the…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. This action was brought by Elijah M. Hussey, against John E. Logwood and his wife, Mrs. Hettie B. Logwood, to recover one horse, nine mules, and two hundred bushels of wheat, together with the value of the hire or use of said property during its detention; and was commenced on the 17th January, 1876. The plaintiff claimed the property under a conveyance from the defendants, which was in the following words: “ Know all men by these presents, that we, Hettie B. Log-wood and John E. Logwood, for and in consideration of…
1Opinion of the CourtStone, J.
Section 2707 of the Code of 1876 declares, that “the property of the wife, or any part thereof, may be sold by the husband and wife, and conveyed by them jointly, by instrument of writing attested by two witnesses.” The testimony tends to show, that the deed offered in evidence by plaintiff was not attested by the two witnesses in the presence of each other, but that the female attesting witness was not present when the grantors signed their names. Her hand-writing to the attestation is proved. The other witness testified, that he saw the grantors- sign their names, and signed his name as a…
2Cases cited3 opinions
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Hoffman v. HoffmanSupreme Court of Alabama · 1855
- Woodcock v. McDonaldSupreme Court of Alabama · 1857
3Cited by14 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Knaus v. DreherSupreme Court of Alabama · 1887
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Vincent v. WalkerSupreme Court of Alabama · 1888
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
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