Legal Opinion

Chapman v. Glassell

Supreme Court of Alabama

Decided January 15, 1848PublishedCited by 23 opinions

Error to the Circuit Court of Sumter. Before the Hon. G. W. Stone. Trespass to try title, instituted in the circuit court of Sumter county, by Andrew Glassell, against the plaintiff in error, to recover possession of certain land, particularly described in the writ and declaration, and damages for their detention. The cause was submitted to a jury, and a verdict was returned for the. plaintiff below, for the land and §238 20 damages, upon which judgment was rendered.

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Error to the Circuit Court of Sumter. Before the Hon. G. W. Stone. Trespass to try title, instituted in the circuit court of Sumter county, by Andrew Glassell, against the plaintiff in error, to recover possession of certain land, particularly described in the writ and declaration, and damages for their detention. The cause was submitted to a jury, and a verdict was returned for the. plaintiff below, for the land and §238 20 damages, upon which judgment was rendered. It appears from a bill of exceptions, sealed at the trial, that the plaintiff below proved a regular chain of title from the…

1Opinion of the CourtChilton, J.

Most of the points presented by the record in this cause for reversion are of easy solution. The instrument exeóuted by Glassell to the vendor of the plaintiffin error, Alexander Chapman, cannot, by any fair rule of construction, pass the legal title to the land embraced in it. By its terms, it recites that the said Glassell, for and in consideration of the sum of $3600, the receipt of which is thereby acknowledged, has granted, bargained and sold unto the said Alexander Chapman, the premises, Spc., but the condition upon which the instrument is to be void is, that the said Glassell make to…

2Cases cited3 opinions

  1. Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
  2. Haley v. BennettSupreme Court of Alabama · 1837
  3. Bliss v. SmithSupreme Court of Alabama · 1840

3Cited by23 opinions

  1. Herbert v. HanrickSupreme Court of Alabama · 1849
  2. Collins v. JohnsonSupreme Court of Alabama · 1876
  3. Childress v. MonetteSupreme Court of Alabama · 1875
  4. Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
  5. Gentry v. RogersSupreme Court of Alabama · 1867

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