Fitzpatrick v. Brigman
Supreme Court of Alabama
Appeal from [tbe Circuit Court of Jefferson. Tried before the Hon. A. A Coleman. Tliis was a statutory action of ejectment brought by the appellee, J. W. Brigman, against the appellant, J oseph Fitzpatrick, to recover certain lots in the city of Ensley, specifically described in the complaint. The defendant pleaded the general issue. This is the second appeal in this case. The common source of title was admitted to be in one Isaac Price.
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Appeal from [tbe Circuit Court of Jefferson. Tried before the Hon. A. A Coleman. Tliis was a statutory action of ejectment brought by the appellee, J. W. Brigman, against the appellant, J oseph Fitzpatrick, to recover certain lots in the city of Ensley, specifically described in the complaint. The defendant pleaded the general issue. This is the second appeal in this case. The common source of title was admitted to be in one Isaac Price. The plaintiff introduced in evidence a quit claim deed for the property sued for, from Isaac Price to B. M. Buck, dated March 12, 1895, acknowledged March…
1Opinion of the CourtDowdell, J.
Additional facts are ¡shown in evidence by the record on this appeal to those appearing on the former appeal in this case. — Fitzpatrick v. Brigman, 130 Ala. 450.
Both parties claim from a common source of title. It is a question of superiority of title. And the question of the delivery of the deed from Price, (the common source, to Buck, at the time this deed was left by Price with Selheimer, is the pivotal one in the case. If the act. of Price in leaving the deed in the possession of Selheimer amounted to and operated as a. delivery to Buck, then the plaintiff who derived title through Buck,…
2Cases cited1 opinion
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
3Cited by7 opinions
- Culver v. CarrollSupreme Court of Alabama · 1911
- Chandler v. ChandlerSupreme Court of Alabama · 1981
- Napier v. ElliottSupreme Court of Alabama · 1906
- Boohaker v. BrashierSupreme Court of Alabama · 1983
- Napier v. ElliottSupreme Court of Alabama · 1907
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