Dawsey v. Kirven
Supreme Court of Alabama
Appeal from.' Circuit Court, Montgomery County; Leon McCord, Judge. Action by Miriam N. Kirven against S. C. Dawsey and. others. Judgment for ifiaintiff, and defendants appeal. The certificate of a foreign notary must he authenticated by his seal. Ala. National Bank v. Chattanooga Door & Sash Co., 106' Ala. 663, 18 South. 74. Such a certificate must recite the seal. Wetmore v. Laird, 5 Biss. 160, Fed. Cas.
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Appeal from.' Circuit Court, Montgomery County; Leon McCord, Judge. Action by Miriam N. Kirven against S. C. Dawsey and. others. Judgment for ifiaintiff, and defendants appeal. The certificate of a foreign notary must he authenticated by his seal. Ala. National Bank v. Chattanooga Door & Sash Co., 106' Ala. 663, 18 South. 74. Such a certificate must recite the seal. Wetmore v. Laird, 5 Biss. 160, Fed. Cas. No. 17467. In other states the seal need not he recited In the body of the instrument. 25 Am. & Eng. Enc. of Law, 75 and 76. The rule is different in Alabama, North Carolina, and Virginia.…
1Opinion
On Rehearing.
MAYFIELD, J.
On this hearing we have reached the conclusion that we *were in error on the original hearing in holding that it was error without injury in admitting the power of attorney in evidence, for the reason that the ownership of the note was proven without dispute by other evidence. We are led to the present conclusion by the opinion and decision in the case of Piedmont v. Smith, 119 Ala. 57, 24 South. 589.
[9,10] The record and questions in that case were very similiar to the record and questions in this case. They are as near alike as you would expect to find records and…
2Cases cited14 opinions
- Harrison v. SimonsSupreme Court of Alabama · 1876
- Breitling v. MarxSupreme Court of Alabama · 1898
- Goree v. WadsworthSupreme Court of Alabama · 1890
- Alabama National Bank v. Chattanooga Door & Sash Co.Supreme Court of Alabama · 1894
- Carter v. PennSupreme Court of Alabama · 1842
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