Chandler v. Chandler

I dissent. While the majority correctly set out the law as it has evolved in Alabama, they misapply this law to the facts of this case. The majority states that the testimony of Ms. Sport, an officer of the First National Bank of Dozier, "along with the totality of the circumstances," shows that J.W. Chandler "possessed the requisite intent to relinquish control over the deed" to have it operate as a valid conveyance. This is simply not the case.

For the delivery to be complete, the grantor must completely divest himself of any control over the title. As long as he reserves to himself the…