Harris v. Geneva Mill Co.
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce," Judge. . Action in ejectment by Margaret'Harris, against the Geneva Mill Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Geneva County; H. A. Pearce," Judge. . Action in ejectment by Margaret'Harris, against the Geneva Mill Company. Judgment for defendant, and plaintiff appeals. The contention, of appellant is that her' husband, W. H. Harris,, acting as her agent, negotiated with W. F. -Graves for the conveyance by appellant of the lands in, controversy ; that - ,it was agreed by Harris . and Graves .that .'appellant would execute the conveyance in consideration of the payment by Graves of $1,000, and conveyance by him to appellant of certain described lots; thát Graves claimed to own…
1Opinion of the CourtThomas, J.
[1] Where a deed is delivered in escrow, and the grantee failed in performance of the agreement on which delivery was dependent, there can be no vesting of title in grantee by the unauthorized transfer of possession by depositary of the conveyance to the grantee. Gibson v. Gibson, 200 Ala. 591, 76 South 949; Jones v. First National Bank, 206 Ala. 203, 89 South. 437; Culver v. Carroll, 175 Ala. 469, 57 South. 767, Ann. Cas. 1914D, 103; Gulf Coal & Coke Co. v. Alabama Coal & Coke Co., 145 Ala. 228, 40 South. 397; Tarwater v. Going, 140 Ala. 273, 37 South. 330; Ashford v. Prewitt, 102 Ala. 264,…
2Cases cited34 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Ivy v. HoodSupreme Court of Alabama · 1918
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Reese v. MedlockTexas Supreme Court · 1863
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
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3Cited by7 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Shelby County v. BakerSupreme Court of Alabama · 1959
- Hansen v. BellmanOregon Supreme Court · 1939
- Kosinski v. GalltNew York Supreme Court · 1968
- Mask v. EversAlabama Court of Appeals · 1942
2 more not listed; retrieve them via the Exa API.