Legal Opinion

Williams v. Vining

Supreme Court of Alabama

Decided April 20, 1907PublishedCited by 4 opinions

Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by W. W. Williams against S. J. Yining. Judgment for defendant, and plaintiff appeals. The court clearly erred in giving tlie general affirmative charge for defendant. The legal title, cannot he conveyed to a grantee where, there is no such title in the grantor. — Calhoun r.

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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by W. W. Williams against S. J. Yining. Judgment for defendant, and plaintiff appeals. The court clearly erred in giving tlie general affirmative charge for defendant. The legal title, cannot he conveyed to a grantee where, there is no such title in the grantor. — Calhoun r. Thompson, 5(5 Ala. 171. It was him to do a useless thing and record his mortgage in Bibb county since Seales had already bought the property in Tuscaloosa county, and notice fo Seales would have been constructive notice to subpurchasers. — Chadwick v.…

1Opinion of the CourtMimbron, J.

This was an action of detinue by the appellant, TV. TV. Williams, against the. appellee, M. J. Yining, for one mule. The plaintiff introduced in evidence a mortgage, dated January 4, 1895, from M. M. Williams to TV. H. Williams, which was recorded in Tuscaloosa county June 18, 1902. The evidence shows that in the latter part of December, 1903, a son of M. M. Williams, who lived with his father, went over into Bibb county and traded-the mule to one Meals for a horse and $10; that the son took the horse, which he had received in exchange for the mule, back to Tuscaloosa county; that he lived…

2Cases cited1 opinion

  1. Chadwick v. RussellSupreme Court of Alabama · 1897

3Cited by4 opinions

  1. Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
  2. Galliland v. WilliamsSupreme Court of Alabama · 1913
  3. Carrol Mercantile Co. v. FolmarAlabama Court of Appeals · 1915
  4. Dutton v. GibsonSupreme Court of Alabama · 1930

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