Crocker v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by B. F. and Thos.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by B. F. and Thos. A. Smith, against Wiley E. Crocker, to recover plaintiffs’ “undivided interest” in a certain tract of lan 1, with damages for its detention, or use and occupation; and was commenced on the 9th December, 1890. The bill of exceptions does not state any of the facts, except as follows : “Issue being joined on defendants’ plea of not guilty, the following agreement was introduced in evidence: If the instrument set out below shall be declared a deed by the court, then the…
1Opinion of the CourtClopton, J.
— The parties having agreed in the Circuit-Court, that if the instrument executed by David Fleming, *297September 17, 1857, is construed to be a deed, judgment should be rendered for plaintiffs, and if a will, for defendant; and this being the only question on which any ruling was asked, or made by the court, the judgment on this appeal must also depend on the interpretation of the instrument.
The general characteristics which distinguish deeds from wills have been repeatedly declared; yet no definite, uniform test has been stated, by which to determine the character and operation of each…
2Cases cited6 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Jordan v. Jordan's Adm'rSupreme Court of Alabama · 1880
- Trawick v. DavisSupreme Court of Alabama · 1888
- Gillham Sisters v. MustinSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Johns v. BowdenSupreme Court of Florida · 1914
- Kelly v. RichardsonSupreme Court of Alabama · 1892
- Abney v. MooreSupreme Court of Alabama · 1894
- Texas Pacific Coal & Oil Co. v. BruceCourt of Appeals of Texas · 1921
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