Wright v. Graves
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. T. M. Arrington. This action was brought by Henry T. Graves against John D. Wright to recover damages for the breach of a lease contract entered into by and between the defendant and one W. D. Graves.
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Appeal from Montgomery City Court. Tried before Hon. T. M. Arrington. This action was brought by Henry T. Graves against John D. Wright to recover damages for the breach of a lease contract entered into by and between the defendant and one W. D. Graves. The facts, as they appear by the bill of exceptions, .are, substantially, that on 17th day March, 18S3, W. D. Graves conveyed a tract of land, of which the land in controversy is a part, to Henry T. Graves, the plaintiff, absolutely in fee, reserving therein, by parol, a life estate for himself and his wife. On the 8th September following, W.…
1Opinion of the CourtClopton, J.
The deed, which was executed by W. D. Graves and wife in March, 1883, conveys 'to the plaintiff a fee simple estate to commence in prmsenti. The parol reservation of a life estate, whether prior to, or cotemporaneous with the execution of the absolute conveyance, was merged in it, and the deed took effect as an operative conveyance according to its terms from the time of its delivery. Its legal effect can not be varied or qualified by a reservation in parol, so as to make the estate conveyed commence in fivturo. On the execution of the conveyance, the plaintiff was entitled to immediate…
2Cases cited4 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Williams v. HigginsSupreme Court of Alabama · 1881
- Cook v. CookSupreme Court of Alabama · 1856
- Reckhow v. . SchanckNew York Court of Appeals · 1871
3Cited by13 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Buchmann v. CallahanSupreme Court of Alabama · 1930
- American Nat. Bank of Beaumont v. WingateCourt of Appeals of Texas · 1953
- Stafford v. StateAlabama Court of Appeals · 1947
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