Webb v. Mullins
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. James E. Cobb. This action was brought by M. W. Mullins, as the administrator of the estate of Robert Bennifield, deceased, against Milton Webb, to recover the possession of certain lands, particularly described, which were subdivisions of sections three (3) and ten (10) “in township twenty (20), range thirteen (13) east, in said county of Randolph and was commenced on the 25th June, 1881. The defendant pleaded…
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Appeal from the Circuit Court of Randolph. Tried before the Hon. James E. Cobb. This action was brought by M. W. Mullins, as the administrator of the estate of Robert Bennifield, deceased, against Milton Webb, to recover the possession of certain lands, particularly described, which were subdivisions of sections three (3) and ten (10) “in township twenty (20), range thirteen (13) east, in said county of Randolph and was commenced on the 25th June, 1881. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea. On the trial, as appears from the bill of exceptions,…
1Opinion of the CourtClopton, J.
Section 2948 of Code provides: “ A seal is not necessary to convey the legal title to land, to enable the grantee to sue at law. Any instrument in writing, signed by the grantor, or his agent having a written authority, is effectual to transfer the legal title to the grantpe, if such was the intention of the grantor, to be collected from the entire instrument.” The manifest purpose of the statute is to dispense with the necessity of a seal to a valid conveyance, and of formal, technical words of grant, release, or transfer. The statute is remedial, and should be liberally construed, so far as…
2Cases cited5 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Johnson v. BantockIllinois Supreme Court · 1865
- Brewton v. WatsonSupreme Court of Alabama · 1880
3Cited by28 opinions
- Horton v. MurdenSupreme Court of Georgia · 1903
- Flegel v. DowlingOregon Supreme Court · 1909
- Holley's v. CurryWest Virginia Supreme Court · 1905
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Freudenberger Oil Co. v. SimmonsWest Virginia Supreme Court · 1914
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