Wildsmith v. Tracy
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon: Thomas Cobbs. This was a bill in equity by Thomas Wildsmith and his wife,. Mnschoga Wildsmith, against William Tracy, C. C. Seals and James T. Fitzgerald ; and was filed on 13th May, 1884. The case made by the record is substantially as follows: On 2nd October, 1883, the complainants applied to C. Blackwood & Co., loan-brokers in Birmingham, to borrow for them $1,600 for one year, the money to be used to…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon: Thomas Cobbs. This was a bill in equity by Thomas Wildsmith and his wife,. Mnschoga Wildsmith, against William Tracy, C. C. Seals and James T. Fitzgerald ; and was filed on 13th May, 1884. The case made by the record is substantially as follows: On 2nd October, 1883, the complainants applied to C. Blackwood & Co., loan-brokers in Birmingham, to borrow for them $1,600 for one year, the money to be used to purchase the right to collect a royalty in the states of Kansas and Mississippi on a certain patent railroad switch of which…
1Opinion of the CourtClopton, J.
The note and mortgage were signed, the execution of the mortgage acknowledged before a proper officer, and both were left in the possession of the payee of the note. The formal signing and acknowledgment of a conveyance, and possession of the grantee, are prima faeie sufficient proof of delivery. Not only does a presumption of delivery arise on the facts, but Mrs. Wildsmith, one of the mortgagors, and the witness, Tegner, testify, in express terms, to a delivery, and the testimony of the other mortgagor shows, that it was intentionally put in possession of the mortgagee. The evidence leaves…
2Cases cited3 opinions
- Hawley v. BibbSupreme Court of Alabama · 1881
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Saltmarsh v. Plant. & Mer. BankSupreme Court of Alabama · 1850
3Cited by15 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Ward v. WardSupreme Court of Alabama · 1895
- Langley v. AndrewsSupreme Court of Alabama · 1902
- Harton v. LittleSupreme Court of Alabama · 1911
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