Fuller v. Hollis
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. HüPJOSCO Austill. Daniel M. Brewer purchased of E. B. Wilkerson certain lands mentioned in the bill, and executed to Wilkerson his promissory noté tlierefor, whereupon Wilkerson gave bond for - title to Brewer.
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Appeal from the Chancery Court of Pike. Heard before the Hon. HüPJOSCO Austill. Daniel M. Brewer purchased of E. B. Wilkerson certain lands mentioned in the bill, and executed to Wilkerson his promissory noté tlierefor, whereupon Wilkerson gave bond for - title to Brewer. A year afterwards, Brewer paid one hundred dollars on said note, and then went to E. Hollis, complainant and appellee, and procured him to pay up the balance of two-hundred and fifty dollars on said note, agreeing that Hollis should have a lien on the land, and should take the deed from Wilkerson and hold the same as an…
1Opinion of the CourtStone, J.
A deed may be delivered as an escrow, to any person other than the grantee, and does not become a -conveyance so long as it remains in that condition, or until the condition is performed upon which it is to take effect. Delivery is essential to the execution of a deed, and until -delivered, it is no deed.—Frisley v. McCarty, 1 Stew & Por. 56; Firemen’s Ins. Co. v. McMillan, 29 Ala. 147. Such delivery may be shown by positive proof, or by circumstances. .“See McClure v. Colclaugh, 17 Ala. 89; Ward v. Ross, 1 Stew. 136; but to be effective as a conveyance, it must appear from ■the circumstances…
2Cases cited16 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Boyd v. BeckSupreme Court of Alabama · 1857
- Conner v. BanksSupreme Court of Alabama · 1850
- Kelly v. PayneSupreme Court of Alabama · 1850
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
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3Cited by11 opinions
- Fievel v. ZuberTexas Supreme Court · 1887
- Warford v. HankinsIndiana Supreme Court · 1898
- Myers v. EllisonSupreme Court of Alabama · 1947
- Allen v. CaylorSupreme Court of Alabama · 1897
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
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