Fitzpatrick v. Brigman
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment, brought by the appellee, J. W. Brigman, against the appellant, Joseph Fitzpatrick, to recover - certain lots of land in the city -of Ensley, specifically described in the coin-plaint. The cause was tried upon issue joined on the plea of the general issue. The common source of title was admitted to be in Isaac Price.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment, brought by the appellee, J. W. Brigman, against the appellant, Joseph Fitzpatrick, to recover - certain lots of land in the city -of Ensley, specifically described in the coin-plaint. The cause was tried upon issue joined on the plea of the general issue. The common source of title was admitted to be in Isaac Price. Plaintiff introduced in evidence a quitclaim deed of the property in controversy from Isaac Price to IL M. Buck, dated the 12th day of March, 1895,…
1Opinion of the CourtTyson, J.
This is an action in the nature of an action of ejectment. Plaintiff and defendant claim title from a common source. One of the important questions presented is, whether the deed from Price to one Buck, through whom plaintiff claims to have derived his title by mesne conveyances, Avas delivered prior to the execution and recordation of the deed from Price to defendant. As delivery Avas necessary to convey title, if the deed was not delivered to Buck until after Price had executed the deed to the defendant, Buck got no title and of ’Consequence conveyed nothing by his deed to Elder, from…
2Cases cited7 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Arrrington v. ArringtonSupreme Court of Alabama · 1898
- Goodlett v. KellySupreme Court of Alabama · 1883
- McLure v. ColcloughSupreme Court of Alabama · 1849
- Buford v. McCormickSupreme Court of Alabama · 1876
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