Kyle v. Jordan
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. Joiín H. Disque. Ejectment by S. E. Jordan against R. B. Kyle. Judgment for plaintiff, and defendant appeals. Plaintiff sued for the recovery of five acres of land in the N. W. % of the S. W. section 33, township 11, range 6 E., in Etowah county. As to their paper titles, both plaintiff and defendant claim through one N. M. Thornton.
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Appeal from Gadsden City Court. Heard before Hon. Joiín H. Disque. Ejectment by S. E. Jordan against R. B. Kyle. Judgment for plaintiff, and defendant appeals. Plaintiff sued for the recovery of five acres of land in the N. W. % of the S. W. section 33, township 11, range 6 E., in Etowah county. As to their paper titles, both plaintiff and defendant claim through one N. M. Thornton. Plaintiff offered in evidence a deed from said Thornton to one M. Clanninger, which was written on a partly printed form, and the descriptive part after the words “of grant” was as follows: “A lot or parcel of…
1Opinion of the CourtSomerville, J.
The most important question raised by the record is whether a separate piece of paper, upon which a grantor has written matter of description, continuous with and supplemental to the description of property embodied in the deed proper, and which though not signed, and not referred to in the deed proper, is delivered to the grantee along -with the deed as a part of it. The question assumes, of course, that the deed proper was executed after thq supplemental writing was made; and it presupposes the use of parol evidence to show that the two writings are contemporaneous as to preparation and…
2Cases cited12 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Woodruff v. HundleySupreme Court of Alabama · 1900
- Bryan v. BigelowSupreme Court of Connecticut · 1905
- Brayn's Appeal From ProbateSupreme Court of Connecticut · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Elston v. PriceSupreme Court of Alabama · 1923
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- Langham v. GrayCourt of Appeals of Texas · 1920
- Johnston v. KingSupreme Court of Alabama · 1948
- Kyle v. JordanSupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.