Forman v. Thomas
Decision Date | 21 November 1918 |
Docket Number | 2 Div. 663 |
Citation | 202 Ala. 291,80 So. 356 |
Parties | FORMAN et al. v. THOMAS. |
Court | Alabama Supreme Court |
Rehearing Denied Dec. 19, 1918
Appeal from Circuit Court, Marengo County; Robert I. Jones, Judge.
Suit by C.C. Thomas against Charles Forman and another. From a decree overruling demurrers to the bill, respondent Forman appeals. Affirmed.
The instrument was attested by one Canterbury, and a copy thereof is made an exhibit to the bill, and purports to have been acknowledged before one Small, justice of the peace in Marengo county. The bill avers that she (complainant) did not appear before said Small and acknowledge the execution of said instrument at any time, that she had never, to her knowledge, met the said Small, that he is an absolute stranger to her, and that she has never acknowledged the instrument before any officer whatever; that the consideration of $1,000 expressed in the deed was never paid to complainant by any one, and that the purported acknowledgment to said deed is false.
The copy of the deed attached as an exhibit to the bill recites a consideration of "love and affection and $1,000 in hand paid by Gertrude Taylor," and purports to convey to said Gertrude Taylor the land, the subject-matter of this suit consisting of 635 acres in Marengo county, described by government numbers. The deed bears date September 9, 1916.
The bill charges that the said deed was by the said Gertrude Taylor and husband, E.E. Taylor, acting for her, caused to be filed in the probate court of Marengo county.
The bill alleges that subsequently, on March 15, 1917, while in the house of said Gertrude Taylor where she had been persuaded to stay for awhile, and while engaged in assisting in the housekeeping, she accidentally discovered this instrument, which was marked on the back "Warranty Deed from C.C. Thomas to Gertrude Taylor," and upon examination thereof she found it was the paper she had signed on September 9, 1916, but that the same had been filled out with pen and ink, in the handwriting of E.E. Taylor, while the description was typewritten. She thereupon immediately consulted an attorney, who informed her of the absolute conveyance of her tract of land. This bill was filed within a few days after said discovery--on March 24, 1917. The bill further avers that the discovery of said paper accidentally, as above described, was the first intimation of any fraud having been practiced upon her.
A short time after September 9, 1916, to wit, October 9, 1916, the said E.E. Taylor, acting for his wife, Gertrude Taylor procured a loan of $3,000 from Charles Forman, and a mortgage was executed on the land here involved to secure said amount. Complainant was without any information or knowledge whatever of any acts of said parties in regard to procuring said loan, no portion thereof was received by her, nor did she know of the execution of said mortgage until after the discovery of the paper aforesaid. The bill alleges that at...
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...no suit pending to enforce or test the validity of the title, claim, etc. The demurrer was properly overruled.' See also Forman v. Thomas, 202 Ala. 291, 80 So. 356. Paragraph 4 of the bill as last amended contains the following allegation: 'That on the 5th day of January, 1949, the purporte......
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...removed as a cloud on her title to the land. This cause has been before us on decree overruling demurrers to the bill of complaint. 202 Ala. 291, 80 So. 356. The applicable to the facts presented by the bill was there declared. All of the witnesses were examined orally in open court. E. E. ......
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