Gregory v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Wm. S. Mudd. Tiro action was brought by Jolm Walker and Minerva J. Walker, (infants, suing by their next friend, Mary Walker,) against Terrell Gregory, to recover the possession of a certain tract of land, containing one hundred and sixty acres, together with damages for its detention ; and was commenced on the 16th August, 1853. The defendant pleaded the general issue, “ in short by consent, with leave to…
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Wm. S. Mudd. Tiro action was brought by Jolm Walker and Minerva J. Walker, (infants, suing by their next friend, Mary Walker,) against Terrell Gregory, to recover the possession of a certain tract of land, containing one hundred and sixty acres, together with damages for its detention ; and was commenced on the 16th August, 1853. The defendant pleaded the general issue, “ in short by consent, with leave to give in evidence anything that might be specially pleaded in bar ; and the plaintiffs replied in like manner, and with like…
1Opinion of the CourtR. W. Walker, J.
1. There was'no error-in allowing the deed from Gregory to the.„plaintiffs to be read in evidence. The evidence in relation to its execution and delivery was, at least, sufficient to let the instrument go to the jury. Whether there was in fact a valid delivery, depended on the intention of the grantor that the deed should or should not be considered as executed ; and of that intention "the. jury were to judge, under the charge of the court.—McLure v. Colclough, 17 Ala. 96; Morris v. Varner, 32 Ala. 499.
[2.] There is nothing in the second objection made to the introduction of the deed in…
2Cases cited8 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- McLure v. ColcloughSupreme Court of Alabama · 1849
- Thompson v. DrakeSupreme Court of Alabama · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Scott v. WareSupreme Court of Alabama · 1880
- Arrrington v. ArringtonSupreme Court of Alabama · 1898
- McKemey v. KetchumSupreme Court of Iowa · 1919
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Napier v. ElliottSupreme Court of Alabama · 1906
9 more not listed; retrieve them via the Exa API.