Graves v. Wheeler
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heal’d before Hon. W. W. Pearson. Ejectment by H. T. Graves against A. Wheeler. Judgment for defendant and plaintiff appeals. The plaintiff claims as the only heir of his father and mother, W. D. Graves and Rebecca Graves.
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Appeal from Montgomery Circuit Court. Heal’d before Hon. W. W. Pearson. Ejectment by H. T. Graves against A. Wheeler. Judgment for defendant and plaintiff appeals. The plaintiff claims as the only heir of his father and mother, W. D. Graves and Rebecca Graves. The father died about 27 or 28 years prior to April, 1912, and the mother died May 12, 1909. The following is the deed made by William D. Graves to his wife, Rebecca C. Graves, dated April 8, 1873: “For and in consideration of the mutual love and affection, I have for my wife, Rebecca C. Graves, and for the further consideration of…
1Opinion of the CourtAnderson, J.
The instrument executed by Graves to his wife and children is unquestionably a deed and not a testamentary document. There is no effort to postpone the operation of same until the death of the grantor, arid the interest conveyed is not posthumous.—Mays v. Burleson, infra, 61 South. 75; Elmore v. Mustin, 28 Ala. 309; Sharp v. Hall, 86 Ala. 110, 5 South. 497, 11 Am St. Rep. 28; Trawick v. Davis, 85 Ala. 342, 5 South. 83; Hall v. Burkham, 59 Ala. 349.
In the construction of a deed the object is to carry out the intention of the parties, especially that of the grantor; but the intention must, if…
2Cases cited11 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Smaw v. YoungSupreme Court of Alabama · 1895
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Head v. HunnicuttSupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Henry v. WhiteSupreme Court of Alabama · 1952
- Salter v. HamiterSupreme Court of Alabama · 2004
- Hacker v. CarlisleSupreme Court of Alabama · 1980
- Hardee v. HardeeSupreme Court of Alabama · 1956
34 more not listed; retrieve them via the Exa API.