Harrison v. Simons
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried, before the Hon. H. T. Toulmik. This action was brought by T. J. Harrison against John. W. Simons, to recover a town lot in St. Stephens, and was commenced on the 27th of August, 1873. The defendant pleaded not guilty, and the statute of limitations ; and issue was joined on these pleas. Both parties claimed title under E. W. Barnett, deceased.
Read the full summary
Appeal from the Circuit Court of Washington. Tried, before the Hon. H. T. Toulmik. This action was brought by T. J. Harrison against John. W. Simons, to recover a town lot in St. Stephens, and was commenced on the 27th of August, 1873. The defendant pleaded not guilty, and the statute of limitations ; and issue was joined on these pleas. Both parties claimed title under E. W. Barnett, deceased. On the trial, as the bill of excep-. tions shows, the plaintiff offered in eviclence a deed for the premises in controversy, in the following words : “ State of Alabama, Dallas county. Know all men by…
1Opinion of the Court
MANNING, J. —
Tbe persons named in tbe deed as grantors, by signing and sealing it, declare and make known, to all wbom it may concern, that they respectively grant, bargain, enfeoff, and convey the land therein described, to Thomas J. Harrison ; and that they covenant with him that they are seized in fee, and have a right to sell and convey the land, and that they will warrant and defend the title. But what is declared, or certified, by the signature and seal of A. L. Barnett ? Can they import anything else than is contained in the deed — to-wit, that the persons described in it as grantors…
2Cases cited1 opinion
- The Agricultural Bank of Mississippi and Others, in Error v. Charles Rice and Mary His Wife, and Martha PhippsSupreme Court of the United States · 1846
3Cited by25 opinions
- Cordano v. WrightCalifornia Supreme Court · 1911
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Dinkins v. LathamSupreme Court of Alabama · 1907
- Madden v. FloydSupreme Court of Alabama · 1881
- Sterling v. ParkSupreme Court of Georgia · 1907
20 more not listed; retrieve them via the Exa API.