Legal Opinion

Couch v. Couch

Supreme Court of Alabama

Decided November 15, 1906PublishedCited by 13 opinions

Bill to Quiet Title. Appeal from Marshall Chancery Court. Heard before Hon.. W. H. Simpson. This was a bill filed by Charles and Sheffield Couch against William Couch and others to quiet title to certain lands therein described.

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Bill to Quiet Title. Appeal from Marshall Chancery Court. Heard before Hon.. W. H. Simpson. This was a bill filed by Charles and Sheffield Couch against William Couch and others to quiet title to certain lands therein described. The defendants filed an answer and cross-hill, setting up the invalidity of the alleged deed from Thomas Couch to Charles and Sheffield Couch, alleging that the defendants, together with Charles and Sheffield Couch, each own an undivided interest by virtue of their relation to Thomas Couch, being heirs of the same, and by amendment to their cross-bill set up that the…

1Opinion of the CourtWeakley, C. J.

— Conceding that the evidence reasonably establishes that Thomas Couch executed a deed to the land in controversy to his sons Charles Couch and Sheffield Couch, the evidence of its delivery is rather unsatisfactory. The deed was not signed by the grantor’s wife, nor recorded, nor it is produced. One of the alleged grantees claims he placed it in his father’s trunk, and that after the latter’s death the deed could not be found. The grantees did not take possession of the land; but it remained in the po-ssession of the father, being in cultivation by his tenant at the time of his death.

But we…

2Cases cited5 opinions

  1. Waddell v. LanierSupreme Court of Alabama · 1878
  2. McQueen v. WilsonSupreme Court of Alabama · 1901
  3. McLeod v. McLeodSupreme Court of Alabama · 1906
  4. Malone v. KelleySupreme Court of Alabama · 1875
  5. Whitten v. McFallSupreme Court of Alabama · 1898

3Cited by13 opinions

  1. Curtis v. ArmagastSupreme Court of Iowa · 1912
  2. Webb v. WebbSupreme Court of Alabama · 1948
  3. Hawthorne v. JenkinsSupreme Court of Alabama · 1913
  4. Wooddy v. MatthewsSupreme Court of Alabama · 1915
  5. Richter v. RichterSupreme Court of Alabama · 1913

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