Bennett v. Albrecht
Supreme Court of Alabama
Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Ejectment by H. W. Albrecht against John Bennett. Judgment for plaintiff, and defendant appeals. Plaintiff claimed through a deed from E. G. Bennett as trustee, and Annie and Jappie Bennett and a deed from Jerre Bennett, unmarried, to E. G. Bennett as trustee for Annie and Jappie Bennett, Ms granddaughters, and evidence showing title in Jerre Bennett.
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Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Ejectment by H. W. Albrecht against John Bennett. Judgment for plaintiff, and defendant appeals. Plaintiff claimed through a deed from E. G. Bennett as trustee, and Annie and Jappie Bennett and a deed from Jerre Bennett, unmarried, to E. G. Bennett as trustee for Annie and Jappie Bennett, Ms granddaughters, and evidence showing title in Jerre Bennett. The charge referred to as having been given for plaintiff was the affirmative charge.
1Opinion of the CourtAnderson, C. J.
[1,2] Of course, title does not pass under a deed until it is delivered, no matter when signed and acknowledged, but we think that the only reasonable inference to be gathered from the evidence in this case is that the deed from Jerre Bennett to E. R. Bennett as trustee was delivered before the death of said grantor. True, the deed was not recorded prior to the death of the said grantor, and there was no proof of a physical delivery to E. R. Bennett, trustee, but the execution of the deed was never questioned. Several testified that it was executed, and E. R. Bennett was present when the same…
2Cases cited2 opinions
- Swift v. Doe ex dem. WilliamsSupreme Court of Alabama · 1909
- Cochran v. KimbroughSupreme Court of Alabama · 1908
3Cited by1 opinion
- Seaboard Air Line Ry. Co. v. McFrySupreme Court of Alabama · 1928