Napier v. Elliot
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by Minnie Elliott against P. E. Napier and others. Judgment for plaintiff and defendants appeal.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by Minnie Elliott against P. E. Napier and others. Judgment for plaintiff and defendants appeal. The court erred in permitting the plaintiff to testify that after the deed from her father to her had been signed it was sent to Geneva county to the probate office to be recorded and was recorded; also in permitting her to testify that she had possession of the deeds and carried them to- Florida and kept them until she delivered them to Josiah Hughes after the death of her father; also in permitting her to testify that…
1Opinion of the CourtDowdell, C. J.
This cause comes here on appeal for the third time. — Napier v. Elliott, 146 Ala. 213, 40 South. 752, 119 Am. St. Rep. 17; Napier v. Elliott, 152 South. 552, 44 South. 552. The issue has been the same *131on each trial; and that is, whether the deed in question was ever delivered. The assignments of error relate solely to the rulings of the court on the admission and rejection of evidence.
On the first appeal (146 Ala. 213, 40 South. 752, 119 Am. St. Rep. 17) it was said by this court, speaking-through Denson, J.: “It is settled law that the fact of delivery rests in intention, and it is to be…
2Cases cited5 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Law v. LawSupreme Court of Alabama · 1887
- Whited v. Louisiana Tax CommissionSupreme Court of Louisiana · 1934
- Napier v. ElliottSupreme Court of Alabama · 1906
- Napier v. ElliottSupreme Court of Alabama · 1907
3Cited by7 opinions
- Williams v. KiddCalifornia Supreme Court · 1915
- Napier v. ElliottSupreme Court of Alabama · 1912
- Henslee v. HensleeSupreme Court of Alabama · 1955
- Powell v. PowellSupreme Court of Alabama · 1928
- Lomartira v. LomartiraSupreme Court of Connecticut · 1970
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