Caldwell v. Parmer's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Butler. Tried before tbe Hon. P. O. Harper. This action was brought by tbe administrator of tbe estate of Joseph M. Parmer, deceased, against John C. Caldwell, to recover an undivided moiety of a city lot in Greenville, on which a brick store-house was erected; and was commenced on the 13th March', 1869. The defendant having died pending the suit, the action was revived against his executors and heirs at law, who are the appellants in this…
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Appeal from tbe Circuit Court of Butler. Tried before tbe Hon. P. O. Harper. This action was brought by tbe administrator of tbe estate of Joseph M. Parmer, deceased, against John C. Caldwell, to recover an undivided moiety of a city lot in Greenville, on which a brick store-house was erected; and was commenced on the 13th March', 1869. The defendant having died pending the suit, the action was revived against his executors and heirs at law, who are the appellants in this court. The plaintiff deduced title under a deed from Thomas M. Bragg, dated the 8th May, 1858, by which tbe lot in…
1Opinion of the CourtStone, J.
The common source of title of both contending parties to this suit is the deed of bargain and sale made by Bragg to J. M. Parmer and W. Fleming Parmer, bearing date May 8,1858. This deed, unexplained, vested in them an equal, undivided interest, as tenants in common. — See Lang v. Waring, 17 Ala. 145; Andrews v. Brown, 21 Ala. 437; Ware v. Owens, 42 Ala. 212. The record fails to inform us that any title ever passed out of either of these grantees, by any conveyance made by them.
2. It is contended for appellants, that the proof tends to show’ that an equitable title, called a perfect equity,…
2Cases cited13 opinions
- McGehee v. StateSupreme Court of Alabama · 1875
- You v. FlinnSupreme Court of Alabama · 1859
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Andrews' Heirs v. Brown's Adm'rSupreme Court of Alabama · 1852
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Lyons v. TaylorSupreme Court of Alabama · 1936
- McKleroy v. MusgroveSupreme Court of Alabama · 1919
- Brewer v. BrowneSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.