Edwards v. Edwards
Supreme Court of Alabama
Appeal from the Probate Court of Autauga. Tried before the Hon. George S. Livingston. The proceedings in this case were had upon a petition filed in the Probate Court of Autauga county, by the appellee, A. H. Edwards.
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Appeal from the Probate Court of Autauga. Tried before the Hon. George S. Livingston. The proceedings in this case were had upon a petition filed in the Probate Court of Autauga county, by the appellee, A. H. Edwards. It was averred in the amended petition “that A. H. ■Edwards, the petitioner, was a resident citizen of Autauga county, and was over the age of 21 years; that Holman Edwards, Mary Edwards, Sallie Edwards and Mrs. B. F. Small were the heirs at law of Dr. Charles A. Edwards;’ that Dr. Charles A. Edwards died on June 10th, 1900, and that on Dec. 21st, 1889, the above named Holman…
1Opinion of the CourtMcCLELLAN, C. J.
Section 983 of the Code provides: * * “Any instrument in writing signed by the grantor, or his agent having a written authority, is effectual to transfer the legal title to the grantee, if such was the intention of the grantor, to be collected from the entire instrument.” .This provision is remedial and, therefore, to be liberally construed to the end of giving the intended operation to a deed though it be inartiflcially drawn and lacking in positive or direct expression of the grantor’s intention. The principle of the statute was patent in the construction and interpretation of the deed…
2Cases cited1 opinion
- McBrayer v. CarikerSupreme Court of Alabama · 1879
3Cited by12 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Williams v. AnthonySupreme Court of Alabama · 1929
- Shaddix v. WilsonSupreme Court of Alabama · 1954
- Johns v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
- Street v. PittsSupreme Court of Alabama · 1939
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