Pendrey v. Godwin
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Ejectment by S. J. Pen dry against Daniel Godwin and others. Judgment for defendant and plaintiffs appeal. It appears from the former opinion in this case that it was affirmed on the ground that plaintiff was estopped from maintaining his action on account of having accepted a deed from the executors of the estate of Pendry, deceased.
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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Ejectment by S. J. Pen dry against Daniel Godwin and others. Judgment for defendant and plaintiffs appeal. It appears from the former opinion in this case that it was affirmed on the ground that plaintiff was estopped from maintaining his action on account of having accepted a deed from the executors of the estate of Pendry, deceased. Under the facts in this case it seems that plaintiff was not informed of the matter of estoppel, and knew nothing about the facts set up as an estoppel. Certainty and mutuality are each…
1Opinion of the Court
de GRAFFENRIED, J.
J. P. Pendry on May 10, 1905, executed and delivered to S. J. Pendrey, who was his nephew, a deed conveying, in fee simple, lands which are described in the deed as follows:
“The place known as the June Franklin place, described as follows: S. ½ of N. E. ¼ and E. ½ of N. W. ¼; and the place known as the Jess Myers place, described as follows: N. ½ of N. E. ¼; and the place known as the George Edwards place, described as follows: N. E. ½ of S. E. ¼ and S. ½ of S. E. ¼—all in section 36, T. 7, R. 16, Crenshaw county, Alabama.”
Immediately following the above description we find…
2Cases cited3 opinions
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Hays v. . AskewSupreme Court of North Carolina · 1857
- Pendrey v. GodwinSupreme Court of Alabama · 1912
3Cited by9 opinions
- Wood v. FosterSupreme Court of Alabama · 1934
- McKleroy v. DishmanSupreme Court of Alabama · 1932
- Spires v. NixSupreme Court of Alabama · 1952
- Cobbs v. Union Naval Stores Co.Supreme Court of Alabama · 1918
- Withers v. BurtonSupreme Court of Alabama · 1958
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