Firemen's Insurance v. McMillan
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Ales. McKinstey: Debt by the Firemen’s Insurance Company of Mobile against Thomas McMillan, on a penal bond which was dated July 10, 1850, purported to be signed by Rufus Greene, said McMillan and one Daniel Robertson, and which was conditioned as follows : “The conditions of the above obligation are such that, whereas the above bounden Rufus Greene has been elected secretary of the Firemen’s Insurance Company of…
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Appeal from the City Court of Mobile. Tried before the Hon. Ales. McKinstey: Debt by the Firemen’s Insurance Company of Mobile against Thomas McMillan, on a penal bond which was dated July 10, 1850, purported to be signed by Rufus Greene, said McMillan and one Daniel Robertson, and which was conditioned as follows : “The conditions of the above obligation are such that, whereas the above bounden Rufus Greene has been elected secretary of the Firemen’s Insurance Company of Mobile, now, therefore, if the said Rufus Greene shall well and truly perform all and singular the duties required of him…
1Opinion of the Court
CHILTON, O. J.
An escrow is defined to be “a conditional delivery of a deed to a stranger, and not to the grantee himself, until certain conditions shall be performed, and then it is to be delivered to the grantee.” — Bouv. Law Die., ‘Escrow’; Jacob’s Law Die., same title; 2 Rol. Abr. 25-6; Law Grammar, p. 537; Co. Lit. 31-36; 2 Bla. Com. 387;
1 Steph. Com. 459.,
When a deed is found in possession of the grantee, the presumption is that it was duly delivered to him. — 3 Maryland Rep. 67; 11 Geor. Rep. 636; 2 Mich. Rep. 390; 6 Missouri Rep. 326; 1 McLean’s Rep. 321; 5 Shepley, 391; 7 Iredell,…
2Cases cited11 opinions
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Bibb v. ReidSupreme Court of Alabama · 1841
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Dawson v. HallMichigan Supreme Court · 1852
- Stewart v. ReddittCourt of Appeals of Maryland · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Williams v. HigginsSupreme Court of Alabama · 1881
- Drill South, Inc., Plaintiff-Appellee-Cross-Appellant v. International Fidelity Ins. Co., Defendant-Appellant-Cross-Appellee. Drill South, Inc., Plaintiff-Counter v. International Fidelity Ins. Co., Defendant-Counter Claimant-AppellantCourt of Appeals for the Eleventh Circuit · 2000
- Interstate Electric Co. v. Fidelity & Deposit Co.Supreme Court of Alabama · 1934
- Lyttle v. CozadWest Virginia Supreme Court · 1882
- Wright v. LangSupreme Court of Alabama · 1880
21 more not listed; retrieve them via the Exa API.