56 Ala. 514 | Ala. | 1876
A deed conveying lands, at common law, is valid, though the grantor signs only by affixing his mark; nor is it necessary there should be an attestation of the signing. — 3 Wash. Beal Prop. 244-247. The title to personal property will pass without writing, and a verbal mortgage of such property will be enforced. — Morrow v. Turney, 35 Ala. 131. There can be no doubt of the validity of the mortgage made by the appellee (plaintiff below) to Scharff &
In ruling otherwise, the City Court erred, and its judgment is reversed, and the cause remanded.