Dubose v. Young
Supreme Court of Alabama
Writ of error to the Circuit Court of Marengo. AotioN of detinue by Young and McDowell against Du-bose to recover a slave. At the trial, the plaintiff made title under a deed of trust, conveying the slave to them for certain purposes, executed by Samuel D. Carter, on the 3d of October, 1838. The deed also conveyed land, and was acknowledged on the day of its date, before a justice of the peace.
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Writ of error to the Circuit Court of Marengo. AotioN of detinue by Young and McDowell against Du-bose to recover a slave. At the trial, the plaintiff made title under a deed of trust, conveying the slave to them for certain purposes, executed by Samuel D. Carter, on the 3d of October, 1838. The deed also conveyed land, and was acknowledged on the day of its date, before a justice of the peace. On the deed was a memorandum in these words, to wit: “ Samuel D. Carter, deed in trust. Rec’d in office for record on the 5th day of October, 1838. Asa Robinson, Cl’k.” Also, a certificate in these…
1Opinion of the CourtGoldthwaite, J.
1. The counsel for the plaintiff in error, is evidently mistaken, when he supposes our statutes do not authorize the clerk to certify the time when a deed is deposited for record. The act is in these words: “ The said clerk shall give a receipt to the person who shall bring any Such deed or conveyance, mentioning thereon the time it was delivered to him, or brought to his office to be recorded, the date, the names of the parties to it, and the place where the lands, &c. are situated: the clerk shall certify on, or under such deed of conveyance, the day of the month or year, when he received…
2Cases cited1 opinion
- Bradford v. DawsonSupreme Court of Alabama · 1841
3Cited by9 opinions
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Tillman v. WoodSupreme Court of Alabama · 1877
- Heflin v. SlaySupreme Court of Alabama · 1884
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