Wright v. Graham
Supreme Court of Arkansas
APPEAL from Lee Circuit Court, in Chancery. Hon. M. T. SaNDees, Judge. The doctrine of Main v. Alexander should be reconsidered by this court. The object of the law being to secure proof of the execution of the instrument, and the proof by subscribing witnesses going only to the execution of the instrument, the purposes of the law are entirely accomplished by giving effect to such an acknowledgment as appears to the mortgage.
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APPEAL from Lee Circuit Court, in Chancery. Hon. M. T. SaNDees, Judge. The doctrine of Main v. Alexander should be reconsidered by this court. The object of the law being to secure proof of the execution of the instrument, and the proof by subscribing witnesses going only to the execution of the instrument, the purposes of the law are entirely accomplished by giving effect to such an acknowledgment as appears to the mortgage. The acknowledgment was cured by act March 14, 1883. ‘(Acts 1883, p. 189.) As to the expediency and constitutionality of such curing statutes see 16 Am. Lee., 516, 5j6,…
1Opinion of the CourtEaiciN, J.
This is an action begun in ejectment by Robert Graham and her husband, Davie W. Graham, against the tenants of Mary J. Wright, to recover two contiguous half sections of land. She claims as sole heir of hei’-father, Robert A. Lanford, alleging that he died seized of the land, on the sixth of April, 1861, holding the same under a deed from William D. Burnett and wife, which is exhibited. It appears to be an absolute conveyance for the consideration of §16,000, the receipt of which is. acknowledged. It was executed on the twenty-fourth day of June, 1858, and duly acknowledged and recorded.…
2Cited by12 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Cumberland Building & Loan Ass'n v. SparksCourt of Appeals for the Eighth Circuit · 1901
- Simpson v. HillisSupreme Court of Oklahoma · 1911
- American Railroad Co. v. HernándezSupreme Court of Puerto Rico · 1905
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