Jones v. Morris
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before Hon. John K. Henry. This was a real action for the recovery of a tract of land containing nine hundred and twenty-one acres, in which the appellant was the plaintiff. The plaintiff claimed title as a devisee under the will of his father, Joseph Jones, deceased, and as the sole heir of his deceased brother, John E. Jones.
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Appeal from Butler Circuit Court. Tried before Hon. John K. Henry. This was a real action for the recovery of a tract of land containing nine hundred and twenty-one acres, in which the appellant was the plaintiff. The plaintiff claimed title as a devisee under the will of his father, Joseph Jones, deceased, and as the sole heir of his deceased brother, John E. Jones. The said will contained the following devises and provisions, which are its only parts now material: “ Twelfth. I will and devise that my two sons shall inherit my estate in equal parts, (with the exception of the gold watch and…
1Opinion of the CourtBrickell, C. J.
Though it is not expressly stated as a fact, yet it seems to be assumed in the argument of the respective counsel, and is fairly to be inferred from the facts which are stated, that the testator had no other children, when his will was made, and at his death, than the appellant and his brother John E. It is an essential requisite of a deed valid and operative as a legal conveyance of lands, that the grantee should be named therein, or so described that he is capable of being distinguished from other persons. The maxim, id cerium est quod cerium reddi potest, will however be applied, and from…
2Cases cited7 opinions
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Randall v. Van VechtenNew York Supreme Court · 1821
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Ledbetter v. WalkenSupreme Court of Alabama · 1857
- Roney's Adm'r v. WinterSupreme Court of Alabama · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sanger v. WarrenTexas Supreme Court · 1898
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Sloss-Sheffield S. & I. Co. v. LollarSupreme Court of Alabama · 1910
- Figh v. TaberSupreme Court of Alabama · 1919
12 more not listed; retrieve them via the Exa API.