Goree v. Wadsworth
| Decision Date | 06 January 1891 |
| Citation | 91 Ala. 416,8 So. 712 |
| Parties | GOREE v. WADSWORTH. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Elmore county; JAMES R. DOWDELL, Judge.
Statutory real action in the nature of ejectment, by James L. Goree against W. W. Wadsworth. Plaintiff took a nonsuit, and appeals.
L P. Gaddis and Tompkins & Troy, for appellant.
Watts & Son, for appellee.
The two assignments of error are intended to bring before the court for review but one and the same question. The bill of exception states that the complainant offered in evidence a "power of attorney purporting to be signed" by the vendors of the land sued for. The defendant objected to the introduction of said power of attorney, "upon the ground that the same did not appear to have been acknowledged before an officer authorized to take acknowledgments of deeds and powers of attorney under the laws of Alabama." The court of sustained the objection, and excluded the power of attorney. "To this ruling of the court the plaintiff excepted." The bill of exceptions states that "thereupon the defendant took a nonsuit." We consider the words "defendant took a nonsuit" a mere clerical error, as the record shows that it was the plaintiff who took the nonsuit. In fact, the "defendant" could not have been nonsuited. The proof shows that the vendors were resident citizens of Texas. Section 1081 of the Code provides that "powers of attorneys, or other instruments conferring authority to convey property, may be proved or acknowledged in the same manner, and must be received as evidence to the same extent as conveyances." Section 1800 of the Code provides that acknowledgments and proofs of conveyances may be taken within the United States, and beyond the state of Alabama, by judges, *** notaries public, ***" The certificate of acknowledgment begins. "Before me, J. F. Powers, J. P and ex officio notary public for Grayson county, Texas," and continues in regular form. It ends, upon which is impressed his notarial seal, giving name, state, county, and office, as required by our statute. Code,§§ 1106, 1107. A notary public is an officer long known to the civil law. At this day, in most countries, a notary public is one who publicly attests deeds or writings, to make them authentic in another...
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Redwine v. Jackson, 8 Div. 425
...See Hart v. Ross, 57 Ala. 518, 520; Alabama Nat. Bank v. Chattanooga Door & Sash Co., 106 Ala. 663, 18 So. 74; Goree v. Wadsworth, 91 Ala. 416, 8 So. 712; Hill v. Norris, 2 Ala. 640; Toulmin v. Austin, 5 Stew. & P. * * * * * * 'We therefore hold that the purpose of the notary to affix his s......
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Cooper v. Cooper
... ... It is ... noted that such power is not required to be recorded ... Touching this statute, it was held in Goree v ... Wadsworth, 91 Ala. 416, 8 So. 712, that a power of ... attorney executed in Texas, and certified in proper form to ... have been there ... ...
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Dahlstrom v. Walker
... ... statutes similar to sec. 6056, C. S., the signature and seal ... of a notary public of another state to an affidavit is ... sufficient. (Goree v. Wadsworth, 91 Ala. 416, 8 So ... 712; Singletary v. Watson, 136 Ga. 241, 71 S.E. 162; ... Wood v. St. Paul R. R. Co., 42 Minn. 411, 44 N.W ... ...
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Sheridan Cnty. v. McKinney
...character of the acknowledging officer appears in the body of the certificate it need not appear in the subscription. In Goree v. Wadsworth, 91 Ala. 416, 8 South. 712, the court held that a certificate made by a notary public, and attested by his official seal, was self-proving. And it has ......