Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 181) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Excerpt: ... Bowles v. Lowery.] The names of those purporting to be grantors are not set out in the body of the instrument. The pronoun "me" is employed in the acknowledgment of the receipt of payment of the consideration, viz., $l, and the pronoun "I" is employed in the granting clause, as well as with respect to the warranty, etc., feature of the instrument. According to the accepted principles and authority of Madden v. Floyd, 69 Ala. 221; Dinkins t Latham, 154 Ala. 100, 45 South. 60, and S.-S. fif. & I. Co. v. Lollar, 170 Ala. 239, 54 South. 279, among others, the identity of the persons purporting to grant and convey in this instance is clear and certain. They were and are those whose names appear at the appropriate place for the execution of such instruments. Now as to the acknowledgment. Literal compliance with the form provided for that purpose is not exacted. Substantial compliance is required. The intent in the construction of acknowledgments is to the liberal, not the rigid, though in so doing the courts will not disregard the substantial requirements of the statutes. And in construing an acknowledgment, it will be read in connection with the deed and the deed in connection with it.--Sharpe v. Orme, 61 Ala. 263; Davis v. Gerson, 153 Ala. 503, 45 South. 587; Leech v. Karthaus, 141 Ala. 509, 37 South. 696; Frederick v. Wilcox, 119 Ala. 355, 24 South. 582, 72 Am. St. Rep. 925; 1 Ency. L. & P. pp. 878, 881-886; 1 Cyc. pp. 581-584. If, without resort to mere inference or conjecture, what was intended to be expressed can be clearly see DEGREESn, errors of a purely clerical or grammatical nature will not avoid the certificate.--1 Ency. L. & P. pp. 885, 886, and notes; 1 Am. & Eng. Ency. Law, pp. 547 et seq.; 1 Cyc, pp. 582-584. Aside from the grammatical mistake evinced in this acknowledgment, by ...