105 Ala. 393
Decided November 15, 1894
Supreme Court of Alabama · decided 1894-11-15
Tried before the Hon. John R. Tyson. The appellant, D. J. Mash, obtained a judgment against one Isam Boan in a court of a justice of the peace of Butler county. An execution was issued on said judgment . and was levied upon certain personal property, as the property of the said Boan.
Relies on Johnson & Co. v. Davis
Good law ✅— No negative treatment on recordhow we know
Decided 1894-11-15
Cited by 4 later decisions — most recently November 1924
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The case of Johnson & Co. v. Davis, 95 Ala. 293,- settles, in principle, that when the maker of a paper and another both hold the pen and make the mark, near to the maker’s name, with intention on the part of the maker to execute the instrument, the making of the mark is the act of the maker, and not the other party who holds the pen with him.
¶2Affirmed.