Napier v. Elliott
Supreme Court of Alabama
Ejectment. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. For a former report of tbis case, see 146 Ala. 213, 40 South. 752. Ejectment by Minnie Elliott against B. E. Napier and others. Judgment for plaintiff, and defendants appeal.
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Ejectment. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. For a former report of tbis case, see 146 Ala. 213, 40 South. 752. Ejectment by Minnie Elliott against B. E. Napier and others. Judgment for plaintiff, and defendants appeal. Plaintiff was incompetent to testify as to conversations and transactions had with decedent concerning the execution and delivery of the deed. — Sec. 1794, Code 1896; Miller v. Cannon, et a l., 84 Ala. 59; Dismukes v. Dawson, 67 Ala. 386; Boykin v. Smith, 65 Ala. 298; Bibb v. Hunter, 79 Ala. 379. It was competent to show what decedent said to…
1Opinion of the CourtDowdell, J.
The principal question in this case is whether the deeds introduced in evidence by the plaintiff were ever delivered by the grantor. The plaintiff and defendants were children of the alleged grantor. The plaintiff claimed title to the land in question under deeds offered in evidence. The defendants claimed as heirs. When this case was here on a former appeal (146 Ala. 213, 40 South. 752) the law governing the question of delivery was then stated, and we refer to what was then said as applicable on the present appeal.
As relevant and bearing on the question of delivery of the deeds, it was…
2Cases cited5 opinions
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Bibb v. HunterSupreme Court of Alabama · 1885
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Napier v. ElliottSupreme Court of Alabama · 1906
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1901
3Cited by5 opinions
- Kirby v. BrooksSupreme Court of Alabama · 1927
- Napier v. ElliottSupreme Court of Alabama · 1912
- Napier v. ElliotSupreme Court of Alabama · 1909
- Kemp v. DonovanSupreme Court of Alabama · 1922
- Screws v. WallSupreme Court of Alabama · 1919