Hargett v. Hargett
Supreme Court of Alabama
Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Bill by George W. Hargett against Daniel W. Hargett and others for the sale of land for division.
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Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Bill by George W. Hargett against Daniel W. Hargett and others for the sale of land for division. Decree for respondents, and complainant appeals. ' The defense was that before tbe bill was filed E. E. Hargett and wife, from whom complainant claims to bave derived title to a one-third interest in the lands described, had executed and acknowledged a deed conveying all their interest in said lands to Robert and Hattie Devaney, and that at the time of the execution of the deed to complainant said E. E. Hargett and wife had no right,…
1Opinion of the CourtAnderson, C. J.
[1] The trial court denied the complainant relief and dismissed the bill of complaint, basing its reason upon tbe fact that the complainant had no title to or interest in the land, proceeding upon the evident theory that the deed to Devaney from Ellis E. Hargett had become effective before the said Ellis conveyed his interest in the land to the complainant. It may be conceded that the court was in error, and that the delivery of the Devaney deed to the grantor’s agent, Thompson, was not such a complete and absolute delivery as would forbid a recall of same before Thompson delivered it to…
2Cases cited5 opinions
- Prewitt v. AshfordSupreme Court of Alabama · 1890
- Wier v. BatdorfNebraska Supreme Court · 1888
- Raymond v. SmithSupreme Court of Connecticut · 1825
- Soward v. MossNebraska Supreme Court · 1899
- Van Valkenburg v. AllenSupreme Court of Minnesota · 1910
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