Barnett v. Proskauer & Co.
Supreme Court of Alabama
Appeal from Henry Chancery Court. Heard before Hon. N. S. Graham. The appellee, A. Proskauer, filed this bill against the appellant, Rebecca L. Barnett and others, and sought thereby to have corrected an alleged mistake in the description of certain land, which he claims under a writing purporting to be a deed from the appellant, Rebecca L., and also in certain other deeds from parties under whom said Rebecca claims title, and also to remove the cloud from the title to said…
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Appeal from Henry Chancery Court. Heard before Hon. N. S. Graham. The appellee, A. Proskauer, filed this bill against the appellant, Rebecca L. Barnett and others, and sought thereby to have corrected an alleged mistake in the description of certain land, which he claims under a writing purporting to be a deed from the appellant, Rebecca L., and also in certain other deeds from parties under whom said Rebecca claims title, and also to remove the cloud from the title to said lands caused by certain mortgages given by said Rebecca. The mortgagees under these mortgages were made parties…
1Opinion of the CourtBrickell, C. J.
There can be no doubt that an official certificate of the acknowledgment or probate of a deed, conforming substantially to the statute, is presumed to be true, and authorizes the deed to be read in evidence as if the execution had been proved by the subscribing witnesses, or if there are none, by evidence of the handwriting of the grantor. If the execution of the deed was shown in the latter mode, countervailing evidence would be admissible. It could be shown that the subscribing witnesses had testified falsely, or that they were mistaken, or that the witnesses had no knowledge of…
2Cited by21 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Freeman v. BlountSupreme Court of Alabama · 1911
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Qualls v. QuallsSupreme Court of Alabama · 1916
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