Dunlap v. Mobley
Supreme Court of Alabama
Appeal from Greene Probate Court. Tried before Hon. Thos. W. RobeRts. John R. Carpenter departed this life on or about 25th July, 1876, being at the time of his death a. citizen of this State, residing in Greene county; and on 25th August, 1876, letters of administration upon his estate were granted by the Probate' Court of said county to James P. Dunlap, the appellant. ■ On 3d February, 1879, ou the report of the administrator, the estate was duly declared insolvent, and a…
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Appeal from Greene Probate Court. Tried before Hon. Thos. W. RobeRts. John R. Carpenter departed this life on or about 25th July, 1876, being at the time of his death a. citizen of this State, residing in Greene county; and on 25th August, 1876, letters of administration upon his estate were granted by the Probate' Court of said county to James P. Dunlap, the appellant. ■ On 3d February, 1879, ou the report of the administrator, the estate was duly declared insolvent, and a day fixed for the administrator to make a settlement of his accounts. On 15th March, 1879, on the nomination of the…
1Opinion of the CourtStone, J.
The deed of J. R. Carpenter to three of his children, bearing date December 28th, 1875, wras evidently drawn by one unskilled in the law. Its provisions are, in some respects, so inaptly expressed, that we find it difficult to arrive at the grantor’s intention with satisfactory conviction. One clause of the deed, considered by itself, indicates that the title was not to pass to the grantees, until they paid to Miss Strother the debt secured to her by mortgage on the lands. That clause is as follows: “Now, this conveyance is made to the parties of the second part, and to their heirs and…
2Cases cited3 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
3Cited by6 opinions
- Adler v. PinSupreme Court of Alabama · 1885
- Schoenvogel v. Venator Group Retail, Inc.Supreme Court of Alabama · 2004
- McDonald v. HarrisSupreme Court of Alabama · 1901
- Murphree v. HensonSupreme Court of Alabama · 1972
- Taylor v. First National Bank of TuskaloosaSupreme Court of Alabama · 1966
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