Griswold v. Griswold
Supreme Court of Alabama
Ejectment. Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. This was an action of ejectment, begun by S. B. Gris-wold and others, to recover an undivided six-fourteentlis interest in certain lands described in the complaint. It was originally brought against Kinchen Griswold, and on his motion O. O. and B. B. Griswold were made'parties defendant as landlord and as owners of the undivided' interest.
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Ejectment. Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. This was an action of ejectment, begun by S. B. Gris-wold and others, to recover an undivided six-fourteentlis interest in certain lands described in the complaint. It was originally brought against Kinchen Griswold, and on his motion O. O. and B. B. Griswold were made'parties defendant as landlord and as owners of the undivided' interest. It was agreed that J. J. Griswold on and prior to May 12, 1896, was the owner of the lands in dispute, and was in possession of the same at the date of his death. It was further…
1Opinion of the CourtAnderson, J.
— While there ivas evidence that the grantor to the deed, who is the father of all the parties, informed the draftsman of the instrument that he wished to make a will, it is in form a deed; and, conceding that he signed it, knowing what it was, the question of delivery arises. “A grantor may deliver a deed to a third person, to hold until, the grantor’s death and then to deliver it to the grantee. Such a delivery is perfectly valid.; but the deed must he left with the depository without a reservation by the grantor, express or implied, of the right to estop it or otherwise control its use.”—9…
2Cases cited5 opinions
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Crocker v. SmithSupreme Court of Alabama · 1891
- Jordan v. Jordan's Adm'rSupreme Court of Alabama · 1880
- Richardson v. Woodstock Iron Co.Supreme Court of Alabama · 1890
- Frisbie v. McCartySupreme Court of Alabama · 1831
3Cited by18 opinions
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- Randolph v. RandolphSupreme Court of Alabama · 1944
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Showalter v. SpangleWashington Supreme Court · 1916
- Alford v. HendersonSupreme Court of Alabama · 1938
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