Cherry, Smith & Co. v. Herring
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This action was brought by the appellants, suing as partners, against Warren Herring, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 5th January, 1883. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea.
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This action was brought by the appellants, suing as partners, against Warren Herring, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 5th January, 1883. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea. Both parties claimed title under conveyances from Thomas J. Stephens; the plaintiffs, under a deed dated the 18th November, 1881, which was produced, and the due execution of which was proved; and the defendant, under…
1Opinion of the CourtStone, C. J.
We do not question the doctrine, so firmly established, that a deed can not be delivered to the grantee, to be held by him as an escrow, and to become valid and binding as a conveyance, only on the happening of an event to transpire afterwards.—Williams v. Higgins, 69 Ala. 517; 1 Dev. on Deeds, §314; 3 Washb. Real Property (5th Ed.), 317; Firemen's Ins. Co. v. McMillan, 29 Ala. 157; Simonton's estate, 4 Watts, 180.
It is generally true, that a paper, on its face a deed, though formally executed in all other respects, is nevertheless inoperative as a deed, if there has been no delivery to the…
2Cases cited4 opinions
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Williams v. HigginsSupreme Court of Alabama · 1881
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Simonton's EstateSupreme Court of Pennsylvania · 1835
3Cited by12 opinions
- Randolph v. RandolphSupreme Court of Alabama · 1944
- Creveling v. BantaSupreme Court of Iowa · 1908
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
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