Napier v. Elliott
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before 1-Ion. H. A. Pearce. This was an action of ejectment begun by Minnie Elliott against Napier, et al. The plaintiff was Minnie Hughes, the daughter of the grantor in the deed referred to in the opinion and one of the grantees in the deed. It appeared also from the testimony that the defendants were-children of the grantor in the deed.
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Appeal from Houston Circuit Court. Heard before 1-Ion. H. A. Pearce. This was an action of ejectment begun by Minnie Elliott against Napier, et al. The plaintiff was Minnie Hughes, the daughter of the grantor in the deed referred to in the opinion and one of the grantees in the deed. It appeared also from the testimony that the defendants were-children of the grantor in the deed. It further appeared that the grantor executed the. deed to Nancy Hughes and Minnie Elliott, and that the deed was filed and recorded in the probate office and taken by the grantor from the probate office and put…
1Opinion of the CourtDenson, J.
The only question presented by this record for determination is whether or not declarations of a grantor ma.de at the time he signs and acknowledges a. deed are competent to be given in evidence on the question of delivery, vel non, of the deed. Delivery is a necessary incident to the due execution of a deed. Without delivery it can never take effect. The record in this case shows then was no actual delivery; that the deeds were deposited by the grantor with the probate judge to be recorded, soon after they were signed; and after they were recorded they were returned to the possssion of the…
2Cases cited11 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Williams v. HigginsSupreme Court of Alabama · 1881
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Lewis v. WatsonSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- Napier v. ElliottSupreme Court of Alabama · 1912
- Henslee v. HensleeSupreme Court of Alabama · 1955
- Powell v. PowellSupreme Court of Alabama · 1928
4 more not listed; retrieve them via the Exa API.