Tranum v. Wilkinson
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. Jno. P. Hubbard. This action was brought by appellee for the recovery of land. The bill of exceptions recites that, “the plaintiff offered in evidence a mortgage from S. J. Webb and wife, Mary Webb, to W. W. Wilkinson, dated October 26th, 1875. Also a mortgage from and signed by W. J. Hurston and Gr. A. Edwards.”
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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. Jno. P. Hubbard. This action was brought by appellee for the recovery of land. The bill of exceptions recites that, “the plaintiff offered in evidence a mortgage from S. J. Webb and wife, Mary Webb, to W. W. Wilkinson, dated October 26th, 1875. Also a mortgage from and signed by W. J. Hurston and Gr. A. Edwards.” The last named mortgage describes the land as “ 320 acres of land known as the Middlebrooks place, where the said Hurston lived last year, and where Henry Tally now lives.” The certificate of probate did not contain the…
1Opinion of the CourtStone, C. J.
— The recital in the bill of exceptions is, that the “ plaintiff offered in evidence . . a mortgage from, and signed by ¥. J. Hurston and G. A. Edwards.” The exception is, “ to the introduction of said mortgage the defendant objected. The court overruled the objection, and the defendant excepted.” It is here urged that the certificate of proof by one of the subscribing witnessess, that the grantors executed the mortgage, failed to conform to the statutory requirements, and therefore the court erred in allowing the mortgage to go in evidence to the jury. The question of the execution of the…
2Cases cited8 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Driggers v. CassadySupreme Court of Alabama · 1882
- Coker v. Ferguson's Adm'rSupreme Court of Alabama · 1881
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3Cited by2 opinions
- Crown Corp. v. RobinsonSupreme Court of Florida · 1937
- Doe ex dem. Dorgan v. WeeksSupreme Court of Alabama · 1888