White Star Line Steamboat Co. v. Moragne
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Isaac P. Moragne, against the White Star Line Steamboat Company, a private corporation, to recover a tract or parcel of land in Gadsden, particularly described in the complaint, with damages for its detention; and was commenced on the 29th August, 1887. The plaintiff died pending the suit, and it was revived and prosecuted in the name of his administratrix.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Isaac P. Moragne, against the White Star Line Steamboat Company, a private corporation, to recover a tract or parcel of land in Gadsden, particularly described in the complaint, with damages for its detention; and was commenced on the 29th August, 1887. The plaintiff died pending the suit, and it was revived and prosecuted in the name of his administratrix. The only plea was, not guilty. On the trial, as the bill of exceptions shows, the plaintiff proved her intestate’s possession and…
1Opinion of the CourtMcCLELLAN, J.
The defense relied upon by the defendant, the White Star Line Steamboat Co., confessedly depended upon the delivery of the quit-claim deed of plaintiff’s intestate to one Lindsay, under whom defendant claimed. This deed was signed by Isaac Moragne, the intestate, on February 12, 1884, and purports to convey the land in controversy to said Lindsay; but the purchase-money was not presently to be paid, and the deed was delivered in escrow to J. L. Cunningham, to be held by him until the purchase-money was paid in full, and upon the happening of that event was to be delivered to the grantee. , It…
2Cases cited4 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
- Campbell v. LarmoreSupreme Court of Alabama · 1887
- Simpson v. McGlatheryMississippi Supreme Court · 1876
3Cited by6 opinions
- Craddock v. BarnesSupreme Court of North Carolina · 1906
- Jackson v. RowleySupreme Court of Iowa · 1893
- Craddock v. . BarnesSupreme Court of North Carolina · 1906
- Schmidt v. MussonSouth Dakota Supreme Court · 1906
- McMurtrey v. BridgesSupreme Court of Oklahoma · 1913
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