Strong's Ex'rs v. Brewer

Citations

• 17 Ala. 706

Syllabus

<p>1. The mark of a party to an instrument, like his hand-writing, may be proved by a witness, who is sufficiently acquainted with it, as to be able to • testify that he believes it to be his. z</p> <p>2. J. S. executed to W. S. a deed of gift of all his property, both real and persona), and W. S., at the same time, executed to J. S. a bond, conditioned that he would let him retain possession of the property during his life and the life of his wife, or until he should think proper to make a di- ■ vision of said property among his children. J. S., subsequently, whilst living in the State of Missouri, made a deed of gift of a portion of the property, consisting of slaves, to one of his daughters and her husband, who at the same time executed a bond, binding themselves to hire said slaves to him during his life and the life of his wife. Held — ,,</p> <p>1. That the deed of gift from J. S. to W. S., and the bond fromW. S. to J. S., constitute parts of one and the same transaction, and must be construed together in ascertaining the intention of the parties.</p> <p>2. That thus construed, it is clear, that J. S. intended to reserve to himself a life estate in the property, with power to defeat the title of W. S., at any time, by a division of it among his children.</p> <p>3. That there is no such repugnance between the deed, and the power reserved in the condition of the bond, as will render the condition void, and vest the title to the property absolutely in W. S.</p> <p>4. That the power reserved to J. S., there being no mode pointed out for its execution, could be executed by deceased, with a stipulation that his donee should allow him to retain the possession during his life.</p> <p>5. That an absolute sale of the property to IV. S., made subsequently to the execution of the deed by J. S., to his daughter and her husband, could not defeat their rights, although such sale was founded on valuable consideration;</p> <p>3. The issue of a female slave, born during the cont