139 Ala. 310 | Ala. | 1903
There is nothing in the suggestion in argument by counsel for appellees that the bill of exceptions was-signed out of time. It appears from the record that the bill was signed in vacation, but within the time fixed by the order of the court. No motion ivas made either before or at the time of the submission of the case to strike from the bill of exceptions, what purports to be a contract executed by Emma J. and A. M. Partee for want of a sufficient identification, and the cause having been regularly submitted on the merits, the insistence in argument to strike out the contract comes too • late. Moreover, it appears from the bill of exceptions that the contract as set forth was regularly introduced in evidence.
The plaintiff in support of his right to recover the possession of the land sued for, introduced in evidence, as showing title in himself, two mortgages duly executed by the defendants, the first on the 21st day of February, 1900, to the American Freehold Land Mortgage Company of London, Limited; and the second to the Loan Company of Alabama, on the .... day of February,
In Thorington v. Gould, 59 Ala. 468, it is said: “Courts are to presume that officers did not exceed their authority, and the seal itself is prima facie evidence that it was affixed by proper authority.” Our conclusion is, that the instrument creating the poAver of attorney, which Avas excluded from evidence, was sufficiently executed, and the failure to subscribe the name of the com-
Reversed and remanded.