58 Ala. 642 | Ala. | 1877
1'. When tbe mortgage of Watson’s homestead,-jinder wbicb appellant, claims, was executed March 13th,-1875, tbe act to “regulate property exempted from sale
2. A mortgage of the homestead, without these formalities, is not regarded as a conveyance imperfectly executed, which may be afterwards perfected. Until properly acknowledged, it is no instrument- — a nullity. Acknowledgment afterwards can have no retroactive effect. The most it can possibly do, is to constitute it a conveyance on and after the properly certified acknowledgment. — McGuire v. Van Pelt, 55 Ala. 344, and Miller v. Marx, Ib. 322.
The rulings of the Circuit Court were in harmony with these views.
Affirmed.