Vincent v. Walker
Supreme Court of Alabama
Bill in Equity for Cancellation of Deed as Cloud on Title. Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 13th October, 1888, by Mrs. Louisa J. Yincent, a married woman, against Elijah F. Walker, Frank B. Gurley, and her husband, Wm.
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Bill in Equity for Cancellation of Deed as Cloud on Title. Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 13th October, 1888, by Mrs. Louisa J. Yincent, a married woman, against Elijah F. Walker, Frank B. Gurley, and her husband, Wm. C. Yincent; and sought the cancellation of a deed executed by the com - plainant and her husband to said Walker, conveying a tract of land which belonged to her statutory estate. The deed was dated April 7th, 1886, contained the usual covenants of warranty, and recited the payment of $2,000 as…
1Opinion of the CourtMcCLELLAN, J.
— On a former bill by the present appellant, complainant below, in respect of the facts and subject-matter involved now, it was held that the transaction between Louisa J. Vincent and E. E. Walker, in which the former executed a deed, absolute in its terms, to the latter, and took from him,in a separate writing, an undertaking to reconvey to her the land in controversy upon repayment to him of the consideration recited in the deed within a certain time, was a conditional sale, and not a mortgage, as the grantor insisted in that bill. So considered as a sale by Mrs. Vincent, the property…
2Cases cited6 opinions
- Peeples v. StollaSupreme Court of Alabama · 1876
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Vincent v. WalkerSupreme Court of Alabama · 1888
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Wilder v. WilderSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Osborne v. CooperSupreme Court of Alabama · 1896
- Porter v. RobersonSupreme Court of Alabama · 1955
- Shook v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1903
- McAnally v. Alabama Insane HospitalSupreme Court of Alabama · 1895
- Stacey v. WalterSupreme Court of Alabama · 1899
3 more not listed; retrieve them via the Exa API.