Tennessee Coal, Iron & Railroad v. Wheeler
Supreme Court of Alabama
Appeal from the City Court of Birmingham, m 'Equity. Heard before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellant against the appellee, to have a deed absolute on its face, executed .by IT.
Read the full summary
Appeal from the City Court of Birmingham, m 'Equity. Heard before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellant against the appellee, to have a deed absolute on its face, executed .by IT. L. Wheeler and his wife, to the respondent, declared a mortgage, and inasmuch as the debt secured by it bad been paid, to have said instrument cancelled as a cloud upon complainant’s title to the property therein conveyed, or to have said deed declared void and inoperative for want of a proper delivery thereof. The bill averred that in 1892, Adelaide Wheeler, the widow of II. L.…
1Opinion of the CourtHaralson, J.
1. The facts of this case show a sufficient delivery of the deed by -the grantors, Henry L. Wheeler, and Adelaide B. Wheeler to the grantee, George F. Wheeler. — Elston v. Comer, 108 Ala. 76; Lewis v. Watson, 98 Ala. 479; Elsberry v. Boykin, 65 Ala. 336.
2. A conveyance of lands absolute on its face, may be declared ufid enforced as a mortgage in equity, on parol evidence, but the evidence must be clear, consist*542ent, strong and convincing. — Knaus v. Dreher, 84 Ala. 319; Downing v. Woodstock I. Co., 93 Ala. 262.
3. The burden was on the .'complainant ‘to prove the allegations of the bill, which…
2Cases cited5 opinions
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Knaus v. DreherSupreme Court of Alabama · 1887
- Downing v. Woodstock Iron Co.Supreme Court of Alabama · 1890
- Elston v. ComerSupreme Court of Alabama · 1895
3Cited by5 opinions
- Richter v. NollSupreme Court of Alabama · 1900
- Andalusia Motor Co. v. MullinsAlabama Court of Appeals · 1938
- Harris v. Geneva Mill Co.Supreme Court of Alabama · 1923
- Lyons v. YieldingSupreme Court of Alabama · 1920
- Sewell v. BuyckSupreme Court of Alabama · 1909