Seeley v. Curts
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Detinue by Rosa Curts against N. L. Seeley, individually and as administrator, for a deed. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Act of 1911, § 6, p. 449. It appears from tbe evidence that plaintiff was a granddaughter of John B. Campbell, deceased, and that SJeeley .was tbe administrator of tbe estate of said Campbell.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Detinue by Rosa Curts against N. L. Seeley, individually and as administrator, for a deed. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Act of 1911, § 6, p. 449. It appears from tbe evidence that plaintiff was a granddaughter of John B. Campbell, deceased, and that SJeeley .was tbe administrator of tbe estate of said Campbell. It appears from tbe answers of O’Donnell that Seeley told bim about tbe last illness of Campbell, that be visited Campbell every day during tbe week…
1Opinion of the CourtAnderson, J.
“A grantor may deliver a deed to a third person, to hold until the grantor’s death, and then to deliver it to the grantee. Such a delivery is perfectly valid; but the deed must be left with the depositary without a reservation by the grantor, express or implied, of the right to retake it or otherwise control its use.” — 9 Am. & Eng. Ency. Law, 157, and numerous authorities there cited. Our own court, in the case of Fitzpatrick v. Brigman, 130 Ala. 450, 30 South. 500, speaking through Justice Txson, said: “For so long as he reserves to himself the locus pcenitentise, there is no delivery — no…
2Cases cited6 opinions
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Arrrington v. ArringtonSupreme Court of Alabama · 1898
- Culver v. CarrollSupreme Court of Alabama · 1911
- Griswold v. GriswoldSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- First Nat. Bank of Montgomery v. SheehanSupreme Court of Alabama · 1930
- Plymale v. KeeneMontana Supreme Court · 1926
- Purcell v. SewellSupreme Court of Alabama · 1931
- Carnahan v. GuptonMontana Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.