Carpenter v. Joiner
| Decision Date | 13 June 1907 |
| Parties | CARPENTER v. JOINER. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Clarke County; Henry F. Reese, Special Judge.
Action by A. F. Carpenter against J. C. Joiner. From a judgment for defendant, plaintiff appeals. Affirmed.
This was an action begun by A. F. Carpenter against J. C. Joiner as surviving partner of the firm of Vaughan & Joiner, and Joiner individually, to recover damages for cutting standing timber from a certain section of land in Clarke county, Ala alleged to have belonged to the plaintiff. The plaintiff introduced a patent from the United States government to William L. Beckham to the land described in the complaint the original record of deeds (Book O, at page 267), showing a deed from T. J. Ford, as administrator of Beckham, to B. C Anderson, together with the minute book of the probate court of Clarke county showing the order of sale, notice, report of sale, and order of confirmation leading up to the deeds just above mentioned, and other original records of deeds down to and including a deed to the Christian & Craft Grocery Company, the incorporation of said company, and a deed from the Christian & Craft Company to A. F. & D. Mackay. This deed was signed by E. W. Christian as president and J. H. Bancroft as secretary, and was acknowledged before J. H. Lynn, a notary public in and for said county, of date April 4, 1905. The deed to which this acknowledgment was attached was of date November 28, 1898. The deed was recorded on the 12th day of April, 1905, on the date of its filing. The other facts sufficiently appear in the opinion of the court. The court gave the general affirmative charge for the defendant.
Rushton & Coleman, for appellant.
It must be conceded that the deed purporting to have been executed by Christian & Craft Company to A. F. & D. Mackay on the 28th day of November, 1898, is not a self-proving instrument under section 992 of the Code of 1896. But it is insisted by the plaintiff that the deed falls within the provisions of the curative act of the Legislature approved the 30th day of September, 1903. The title of that act is in this language "An act to legalize and make effective the registration of deeds of conveyance which have been filed and recorded in the office of the judge of probate of the proper county of this state before or within twelve months after the passage of this act, but not within the time required by law, or recorded without proper acknowledgment or probate." Gen. Laws, 1903, p. 305. It seems to be clear that that part of the act which provides for the recording of instruments within two years of the passage of the act is invalid, and must under section 45 of the Constitution, fall, because not expressed in nor covered by the...
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...is that the plaintiff must recover on the strength of his own title, without regard to the weakness of his adversary. Carpenter v. Joiner, 151 Ala. 454, 44 So. 424; Watson v. Spence, 258 Ala. 371, 62 So.2d The plaintiff, to establish legal title in himself, offered evidence substantially as......
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...ejectment, a plaintiff must recover on the strength of his own right, as distinguished from the weakness of his adversary's. Carpenter v. Joiner, 151 Ala. 454, 44, South. among many others recognizing this commonplace principle. The plaintiff (appellant) offered a deed from J. H. J. and Sus......
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