Lord v. Folmar & Son
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This action was brought by appellees against appellant, to recover certain lands. During the trial the plaintiffs offered to introduce in evidence a sheriff’s deed to plaintiffs, made under an execution and sale of property of appellant, in pursuance of a former judgment obtained by appellees.
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Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This action was brought by appellees against appellant, to recover certain lands. During the trial the plaintiffs offered to introduce in evidence a sheriff’s deed to plaintiffs, made under an execution and sale of property of appellant, in pursuance of a former judgment obtained by appellees. To the introduction of said deed the appellants objected on the ground that the same had never been acknowledged and recorded, and because there was no witness to the signature of the sheriff. The objection being overruled, the…
1Opinion of the CourtStone, J.
The deed offered in evidence, being without a subscribing witness, and without acknowledgment, was inoperative as a conveyance of title, and should not have been received in evidence. — Code of 1876, § 2145; Hendon v. White, 52 Ala. 597.
Reversed and remanded.
2Cases cited1 opinion
- Hendon v. WhiteSupreme Court of Alabama · 1875
3Cited by7 opinions
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- Doe ex dem. Evans v. RichardsonSupreme Court of Alabama · 1884
- O'Neal v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1903
- Dugger v. CollinsSupreme Court of Alabama · 1881
- Stewart v. BeardSupreme Court of Alabama · 1881
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