Freeman v. Blount
Supreme Court of Alabama
Bill to Cancel Deed. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by J. G. Blount against Lilly T. Blount, et al., to cancel a deed and to expunge tbe record. Blount having died pending the action it was revived in the name of F. B. Freeman as his executor. Prom a decree for respondents, complainants appeal.
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Bill to Cancel Deed. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by J. G. Blount against Lilly T. Blount, et al., to cancel a deed and to expunge tbe record. Blount having died pending the action it was revived in the name of F. B. Freeman as his executor. Prom a decree for respondents, complainants appeal. Counsel discuss the terms of section 3374, Code 1907, relative to its application to the admissibility or inadmissibility of a certified copy of the record of what purports to be a deed from Major Blount to his son, and concludes that it was inadmissible. —…
1Opinion of the Court
MCCLELLAN, j.
The report of the former appeal in this case will be found in 158 Ala. 242, 48 South. 581, 21 L. R. A. (N. S.) 755, under thie style of Blount v. Blount.
The theory of the bill is that a deed purporting to be executed by J. G: Blount to J. A. Blount (who died before the bill was filed), recorded in the office of the judge of probate of Etowah county, was never executed by J. G. Blount — was a forgery — and the prayer is that the original instrument be canceled, if to be found, and that the record thereof be expunged.
On the former appeal it was ruled by a divided bench, reversing…
2Cases cited32 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Agnew v. United StatesSupreme Court of the United States · 1897
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Bryant v. StateSupreme Court of Alabama · 1897
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
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3Cited by46 opinions
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- City of Birmingham v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1937
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
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