Legal Opinion

Blount v. Blount

Supreme Court of Alabama

Decided February 5, 1909PublishedCited by 20 opinions

Appeal from Gadsden City Court. Heard before 1-Ion. John H. Dtsque. Bill by Joseph G. Blount against Lily T. Blount and others to cancel and remove a deed as oloud on title. From a judgment for defendant complainant appeals.

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Appeal from Gadsden City Court. Heard before 1-Ion. John H. Dtsque. Bill by Joseph G. Blount against Lily T. Blount and others to cancel and remove a deed as oloud on title. From a judgment for defendant complainant appeals. The facts made by the case are that Gus Blount, the husband of Lily Blount and the father of the other respondents, filed for record and had recorded in the probate office of Etowah county a deed to himself from Joseph G. Blount, conveying a lot of land to said Gus Blount, reserving a life interest in Joseph G. Blount. Gus Blount died, and Joseph G. Blount filed this bill…

1Opinion of the CourtMayfield, J.

The serious question involved in this appeal is this: There is found on the records of the prohate office — which is by law made the registry of deeds — a record of what purports on its face to be a deed by A. to B. This record on its face shows the deed to have been properly signed by A., attested by C., and acknowledged by A., before a notary, E., and filed in the probate office for record four days after it purported to have been executed. That which purported to be the original deed is lost, and the grantee is dead. In a suit between the alleged grantor and the heirs, distributees, and…

2Cases cited5 opinions

  1. McDonald v. HarrisSupreme Court of Alabama · 1901
  2. Frank v. ThompsonSupreme Court of Alabama · 1894
  3. O'Neal v. ReynoldsSupreme Court of Alabama · 1868
  4. Payne v. LongSupreme Court of Alabama · 1901
  5. Calera Land Co. v. BrinkerhoffSupreme Court of Alabama · 1888

3Cited by20 opinions

  1. Freeman v. BlountSupreme Court of Alabama · 1911
  2. Warten v. BlackSupreme Court of Alabama · 1915
  3. Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
  4. Estate of Elbert B. Whitt, Loyd Whitt v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1985
  5. Richards v. WilliamsSupreme Court of Alabama · 1936

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