Johnson v. Goff

• Decision Date: 11 January 1898
• Citation: 22 So. 995,116 Ala. 648
• Parties: JOHNSON v. GOFF ET AL.
• Court: Alabama Supreme Court

22 So. 995

116 Ala. 648

JOHNSON v. GOFF ET AL.

Supreme Court of Alabama

January 11, 1898

Appeal from circuit court, Dale county; J. M. Carmichael, Judge.

Action by Malcolm Johnson against Stephen J. Goff and another in ejectment. From a judgment for defendants, plaintiff appeals. Affirmed.

This was a statutory action of ejectment, brought by the appellant, Malcolm Johnson, against the appellee Stephen J Goff. The defendant suggested that Hattie Maughon was the owner of the premises sued for, and moved that she be made a party to the suit. This motion was granted. The plaintiff claimed title to the land in controversy as a purchaser at a foreclosure sale of a deed of trust, which was executed by Hattie Maughon to J. W. Goldsmith, as trustee, to secure a loan made by the Atlanta National Building & Loan Association to her. The facts pertaining to the execution of this deed of trust are sufficiently stated in the opinion. When said deed of trust was offered in evidence, the defendant objected to its introduction as evidence, and moved to exclude it, upon the ground that the said deed of trust was void on its face and conveyed no title to the trustee therein named, to the premises sued for, because the name of J. M. V. Maughon husband of Hattie F. Maughon, did not appear in the body of said deed of trust as grantor. The court sustained the said objections, and granted said motion, and the plaintiff excepted. The court also, and for the same reasons, on the objection and motion of defendant, excluded the said deed from Goldsmith, trustee, to plaintiff, and plaintiff excepted. In consequence of the adverse rulings of the court in excluding the said deed of trust and the deed from Goldsmith to the plaintiff, the plaintiff took a nonsuit with a bill of exceptions. The plaintiff appeals, and assigns as error the rulings of the trial court upon the evidence and the exclusion of the deeds offered in evidence.

J. E. Acker, for appellant.

Sollie & Kirkland, for appellees.

BRICKELL C.J.

Appellant claimed title to the land in controversy as a purchaser at a foreclosure sale had under the power contained in a deed of trust executed in the year 1891 by Hattie F. Maughon to J. W Goldsmith, trustee, to secure a loan made to her by the Atlanta National Building & Loan Association. This instrument purported in the granting clause and body thereof to be the deed of Hattie F. Maughon only, her name alone appearing therein, but was signed and acknowledged by herself and J. M. V. Maughon, her husband. The latter's name nowhere appears in the body of the instrument, nor does anything appear therein to...