Pendrey v. Godwin
Supreme Court of Alabama
Appeal from CrenshaAv Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by S. J. Pendrey against Daniel Godwin and another. From a judgment of nonsuit, plaintiff appeals. Plaintiff offered to introduce in evidence a deed from James P. Pendrey, conveying to him certain property sued for, described by government subdivision and known as the “Jess Myers place.”
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Appeal from CrenshaAv Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by S. J. Pendrey against Daniel Godwin and another. From a judgment of nonsuit, plaintiff appeals. Plaintiff offered to introduce in evidence a deed from James P. Pendrey, conveying to him certain property sued for, described by government subdivision and known as the “Jess Myers place.” The deed further asserts that it is the purpose of the vendor to convey the Jess Myers place, whether the above description is correct or not; and, should the description prove incorrect, .authority is given to vendor’s…
1Opinion of the CourtDowdell, C. J.
Without evidence of identification of the land sued for as being a part of the place “known as the Jess Myers place,” the deed offered in evidence ivas inadmissible; but with this evidence supplied, and it was permissible to do so by parol testimony, the deed was, in connection with such evidence of identification, admissible. The deed on its face expresses the intention of the grantor to convey the “Jess Myers place,” and such intention should not fail' because the government numbers given in the deed do not correspond with the true government numbers of the “Jess Myers place.” In the face…
2Cited by3 opinions
- Wood v. FosterSupreme Court of Alabama · 1934
- Pendrey v. GodwinSupreme Court of Alabama · 1914
- Youngerman-Reynolds Hardwood Co. v. HicksSupreme Court of Alabama · 1938