Breene v. McCrary & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before Hon. M. J. Sapeóle. An attachment, issued by a justice of the peace and returnable before him, at the suit of appellees and against one Muse, was levied upon a bag of cotton as his property. Appellant thereupon made the usual affidavit and bond, and a trial of the right was had before the justice, and from his decision, in favor of appellees, an appeal was taken to the circuit court.
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Appeal from the Circuit Court of Hale. Tried before Hon. M. J. Sapeóle. An attachment, issued by a justice of the peace and returnable before him, at the suit of appellees and against one Muse, was levied upon a bag of cotton as his property. Appellant thereupon made the usual affidavit and bond, and a trial of the right was had before the justice, and from his decision, in favor of appellees, an appeal was taken to the circuit court. The plaintiffs in attachment (appellees) relied upon a mortgage duly executed by Muse, on the 3d day of June, 1871; the claimant (appellee) offered in evidence…
1Opinion of the CourtBrickell, C. J.
Sections one to eight, inclusive, of the Code, are devoted to a definition of words and terms as used in the Code. Among others, it is declared that “ signature,” or “ subscription,” when used in the Code, includes mark, where the person cannot write, his name being written near it, and *155witnessed by a person wbo writes bis own name as a witness. We shall not now express any opinion as to the effect of signatures or subscriptions' made by a mark, and not attested, when signature or subscription is required, or whether invalidity is to be imputed to them, or whether by other evidence of…
2Cited by1 opinion
- Alabama Warehouse Co. v. LewisSupreme Court of Alabama · 1876