Napier v. Elliott
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Statutory ejectment by Minnie Elliott against B. E. Napier and others. Judgments for plaintiff, and defendants appeal.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Statutory ejectment by Minnie Elliott against B. E. Napier and others. Judgments for plaintiff, and defendants appeal. Before a deed can become effective to pass title, it must have been delivered. — 4 Enc. of Evid. 157. The court erred in permitting plaintiff to testify that she had possession of the deed from her grantor. — Napier v. Elliott, 152 Ala. 552. This was objectionable also because the witness was incompetent. A husband was equally incompetent to testify as to when he received the deed, and as to what instructions…
1Opinion of the CourtSomerville, J.
Tbe action is statutory ejectment, and this is the fourth appeal from successive judgments for the plaintiff in the trial court.—Napier v. Elliott, 146 Ala. 213, 40 South. 752, 119 Am. St. Rep. 17; s. c., 152 Ala. 248, 44 South. 552; s. c., 162 Ala. 129, 50 South. 148. Plaintiff claims title through two deeds made by her father, Joseph Hughes, in November, 1895, one directly to plaintiff, and the other to her deceased mother, of whom she is the only child and heir. Defendants claim title as the children and the heirs of said Joseph Hughes. The only issue presented on the trial was as to the…
2Cases cited11 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Gilliland v. Dunn & Co.Supreme Court of Alabama · 1902
- Harraway v. HarrawaySupreme Court of Alabama · 1902
- Sampson v. StateSupreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Stewart v. WeaverSupreme Court of Alabama · 1956
- Eidson v. McDanielSupreme Court of Alabama · 1927
- Crosby v. Baldwin CountySupreme Court of Alabama · 1933
- Adams v. LoganSupreme Court of Alabama · 1954
6 more not listed; retrieve them via the Exa API.