Burgess v. Fowler
Supreme Court of Alabama
Appeal from City Court of Gadsden; John H. Disque, Judge. Ejectment by X. A. Fowler against Sampson E. Burgess. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtSomerville, J.
Both parties claim title through Mrs. M. E. Fowler, plaintiff, as her surviving husband, and defendant, by deed of gift from her. The trial was without a jury, and there was judgment for plaintiff.
The decisive question is whether or not Mrs. Fowler’s deed to defendant was effectually delivered so as to become operative before her death. The deed was found among her effects after her death in December, 1915, by a relative, who delivered it to defendant, by whom it was filed for record.
The evidence, without material conflict, supports the following conclusions of fact:
1. The deed was duly…
2Cases cited5 opinions
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- Culver v. CarrollSupreme Court of Alabama · 1911
- Maxwell v. HarperWashington Supreme Court · 1909
- Strickland v. GriswoldSupreme Court of Alabama · 1906
- Seeley v. CurtsSupreme Court of Alabama · 1913
3Cited by2 opinions
- Purcell v. SewellSupreme Court of Alabama · 1931
- Cell v. DrakeIdaho Supreme Court · 1940