132 Ala. 370 | Ala. | 1902
— The indorsement on the back of a deed of the names of the parties to it so made as to indicate which is grantor and which grantee, as “A. B. to C. D.” is no part of the deed nor effectual for any purpose; and the filing for record in the probate office of a deed upon which is so indorsed the names of persons as grantor and grantee, or either, who- are not parties to the instrument is not constructive notice of a conveyance between, or from or to the persons or person whose names, or name, are thus written on its hack, but is constructice notice of a conveyance between the parties to the paper as they appear in the deed itself. Perhaps such an erroneous indorsement might be used as a false representation as to the par
It urns admitted on the trial by plaintiff that at the time of the conveyance by D. B. Blackwell and wife, Mary, to the defendant Margaret E. Clark, said Blackwell had title to the land. The proposed evidence to the effect that this deed to Mrs. Clark was not recorded in Deed Book E, at the pages stated in the certificate of the probate judge written on the back of it, but that instead a deed from A. B. Blackwell and his wife, Mary, to J. J. Clark was there recorded did not tend to show title in J. J. Clark, plaintiff’s grantor, nor to impeach the title which confessedly passed by the deed of D. B. Blackwell and wife to Margaret E. Clark. At most it went to show the absence of constructive notice of the deed to Mrs. Clark, and as no question of bona fide purchase without notice is made in the case, the evidence was immaterial in that connection.
Nor was the record of that deed admissible to prove the description of the land as laid in the complaint, because it was not the deed which was made a part of that description and it Avas not the record specified in the complaint. The deed referred to in the complaint was from D. B. Blackwell and wife and it was identified as being on pages 352 and 353 of record book E, Avhereas the record here offered Avas of a deed from A. B. Blackwell and wife and it is found on pages 353 and 354 of said book.
The instrument purporting to be a mortgage to Gibson signed by J. J. Clark and Margaret E. Clark was not executed as a mortgage or other conveyance of her title by Mrs. Clark, but she signed it for the expressly limited purpose of relinquishing such dower and homestead rights as it might be supposed she had in the land. Recognizing that Mrs. Clark has not in terms
On the undisputed evidence the legal title to the land in suit passed from Blackwell into Mrs. Clark. She was incapable by conveyance to1 invest it in Gibson to secure her husband’s debt. Her recognition of title as in her1 husband by her recitals in the mortgage cannot estop her to show her own title. The title was in her at the trial and properly so proved. She was entitled to the affirmative charge.
Affirmed.