Legal Opinion

Barden v. Grace

Supreme Court of Alabama

Decided April 21, 1910PublishedCited by 15 opinions

Appeal from Montgomery City Court. Heard before Hou. William H. Thomas. Bill by Sandy Grace and others against George R. Bardin and others, to have a deed set aside for fraud and cancelled as a. cloud on title. Judgment for complainants and defendant appeals.

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Appeal from Montgomery City Court. Heard before Hou. William H. Thomas. Bill by Sandy Grace and others against George R. Bardin and others, to have a deed set aside for fraud and cancelled as a. cloud on title. Judgment for complainants and defendant appeals. The transaction here shown is voidable only. — Swift v. Fitahun, 9 Port. 79. A voidable deed is good in the hands of an innocent purchaser. — 27 Cyc. 591; Sprague v. Buell, 11 N. Y. 480. A deed signed in blank and filled up when delivered is valid. — 27 Cyc. 1086; 79 Am. Dec. 391; 27 111. 27; see also 53 Me. 89; 4 Ala. 720. If the deed…

1Opinion of the CourtSimpson, J.

The original bill in this case was filed by Sandy Grace, one of the appellants, against J. H. Shreve and George R. Bardin, and afterwards amended by bringing in the other parties complainant and respondent. The hill seeks cancellation of certain deeds as clouds on the title of the complainants, and rests upon the allegations that the original complainant is an ignorant negro man; that about February 20, 1908, •said Sandy Grace had several lots of land which he wished to sell, and was told by a negro — G. W. Smith - — to go to said Shreve, who would purchase same; that he agreed with Shreve to…

2Cases cited3 opinions

  1. Allen v. WithrowSupreme Court of the United States · 1884
  2. Golden v. HardestySupreme Court of Iowa · 1895
  3. Mickey v. BartonIllinois Supreme Court · 1902

3Cited by15 opinions

  1. Trout v. TaylorCalifornia Supreme Court · 1934
  2. Livingston v. LivingstonSupreme Court of Alabama · 1923
  3. Ex Parte FloydSupreme Court of Alabama · 2001
  4. Cumberland Capital Corporation, Inc. v. RobinetteCourt of Civil Appeals of Alabama · 1976
  5. Green v. MacAdamCalifornia Court of Appeal · 1959

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