Clark v. House
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Ejectment by Emeline House against Lon Clark. There was a directed verdict for the defendant, which, on motion of the plaintiff, was set aside, and new trial ordered, and from this last judgment the defendant appeals.
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Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Ejectment by Emeline House against Lon Clark. There was a directed verdict for the defendant, which, on motion of the plaintiff, was set aside, and new trial ordered, and from this last judgment the defendant appeals. The paper referred to was a paper granting, bargaining, selling, and conveying to Mrs. Emeline House all of the right, title, interest, and claim of Flora F. Young and her husband, H. A. Young, in and to a certain mortgage executed by Hooks and wife to Mrs. Young. The mortgage conveyed land sued for in this…
1Opinion of the CourtBrown, J.
[1] The writing offered by the plaintiff to show • the transfer of the mortgage by Flora F. Young to Mrs. Emeline House purports to have been made and signed at the foot by Mrs. Young and her husband, H. A. Young, and immediately after their signature the following indorsement appears:
“Subscribed and sworn to before me this 24th day of May, 1918.
“J. T. Gardner, Jr., Notary Public.”
This indorsement affirmatively shows that the parties subscribed to the paper in the presence of Gardner, and the manifest purpose of his indorsement was to attest their signature. This was sufficient compliance…
2Cases cited4 opinions
- Arrrington v. ArringtonSupreme Court of Alabama · 1898
- Jones v. HaglerSupreme Court of Alabama · 1891
- Martinez v. LindseySupreme Court of Alabama · 1890
- Dugger v. CollinsSupreme Court of Alabama · 1881
3Cited by3 opinions
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- Williams v. OatesSupreme Court of Alabama · 1924
- Rucker v. MorganCourt of Civil Appeals of Alabama · 1996