Gibson v. Gibson
Supreme Court of Alabama
Appeal from Chancery Court, Crenshaw County; O. S. Lewis, Chancellor. Bill by Sam Gibson and others against R. M. Gibson and others. Decree for complainants, and defendants appeal.
1Opinion of the CourtThomas, J.
The bill is to declare a re•sulting trust in the lands in question, paramount to the mortgage of the respondent bank.
[1] The deed from Henderson and Hill was executed to appellant Gibson, and, by agreement, was to be delivered to Mr. Ivey as an escrow. It not having been delivered to the grantee, Gibson, nor to any one for him, and such grantee having failed to perforip his part of the agreement, the condition on which delivery was dependent, there was no vesting of the title in R. M. Gibson. Tar-water v. Going, 140 Ala. 273, 37 South. 330; Fuller v. Hollis, 57 Ala. 435.
[2] Delivery is…
2Cases cited10 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Warren v. LiddellSupreme Court of Alabama · 1895
- Culver v. CarrollSupreme Court of Alabama · 1911
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lauderdale v. Peace Baptist ChurchSupreme Court of Alabama · 1944
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Hope of Alabama Lodge of Odd Fellows v. ChamblessSupreme Court of Alabama · 1925
- Larkins v. HowardSupreme Court of Alabama · 1949
4 more not listed; retrieve them via the Exa API.