Croft v. Doe ex dem. Thornton
Supreme Court of Alabama
Appeal from 'the City Court of Gadsden. Tried, before-the Hon. John H. His que. The facts of the case are sufficiently stated in the opinion.
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Appeal from 'the City Court of Gadsden. Tried, before-the Hon. John H. His que. The facts of the case are sufficiently stated in the opinion. An unrecorded deed! is void, as there is no evidence of notice to the appellant, and no visible possession. — Motley v. Jones, 98 Ala. 443; To operate as notice to a subsequent purchaser -from the grantor, a grantee’s possession under an unrecorded deed must he open, visible, exclusive -and unambiguous, not liable to be misconstrued' or misunderstood.- — Wells v. Am. Mart. Co„, 109 Ala. 430. When a purchaser pays the purchase money his possession…
1Opinion of the Court
HARALSON. J.
This was a common law action by Doe ex demise Mary L. Thornton v. Cooper Croft. Separate demises are laid in Henry J. Thornton -as executor of N. M. Thornton, deceased, in the heirs at law of said N. M. Thornton, and in the plaintiff, Mary L. Thornton, the devisee, of the lands sued for, under the last will and testament of her father, the said N. M. Thornton, and the urantee of said lands in a deed from George 1-Ten-*394drix and wife. In support of her title the plaintiff .introduced a patent from the United States to the said George Hendrix, her grantor, dated February 1, I860; a…
2Cases cited9 opinions
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
- Bernstein v. HumesSupreme Court of Alabama · 1881
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- Prestwood v. McGowinSupreme Court of Alabama · 1900
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- Swift v. Doe ex dem. WilliamsSupreme Court of Alabama · 1909
- Gray Lumber Co. v. HarrisSupreme Court of Georgia · 1906
- Hale v. McGrawSupreme Court of Alabama · 1917
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