Burt v. Cassety
Supreme Court of Alabama
Error to the Chancery Court of Benton. The bill was filed by the plaintiff in error, and alledges, that in the year 1839, she purchased of her son Oswell E. Burt, one hundred acres of land, which is described, for which she paid him $ 1,250. That the son represented to her at the time, that he had a good title to the land, holding the fee simple title, and that she was ignorant of any incum-brance upon it.
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Error to the Chancery Court of Benton. The bill was filed by the plaintiff in error, and alledges, that in the year 1839, she purchased of her son Oswell E. Burt, one hundred acres of land, which is described, for which she paid him $ 1,250. That the son represented to her at the time, that he had a good title to the land, holding the fee simple title, and that she was ignorant of any incum-brance upon it. That she is under the belief, and so charges, that her son made a conveyance of the land to her by deed, but that after diligent search, the deed cannot be found and she therefore charges…
1Opinion of the CourtOrmond, J.
The merits of this case lie in a very narrow compass, and will require but a brief consideration. It is, as admitted by the chancellor, clearly shown by the proof, that the complainant purchased the land in question from her son, who then held the legal title by conveyance from one Robertson. That she paid the purchase money, and was put in possession, which she has retained ever since. It is also proved, that the son conveyed the land to his mother by deed. O. E. Burt, the son, states in his deposition, that by his direction, W. H. Estill, an attorney at law, drew the deed, which he…
2Cases cited4 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Lyon v. HuntSupreme Court of Alabama · 1847
- Moore v. ClaySupreme Court of Alabama · 1845
3Cited by33 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Kent v. DeanSupreme Court of Alabama · 1900
- Burke v. AdamsSupreme Court of Missouri · 1883
- Brunson v. BrooksSupreme Court of Alabama · 1880
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