Melton v. Watkins
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Geo. D. Shortridge. Trespass quare clausum fregit by John Melton against Evan Watkins, to try titles to a certain tract of land, and to recover damages for its detention. The defendant pleaded not guilty, with leave to give any special matter in evidence.
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Geo. D. Shortridge. Trespass quare clausum fregit by John Melton against Evan Watkins, to try titles to a certain tract of land, and to recover damages for its detention. The defendant pleaded not guilty, with leave to give any special matter in evidence. On the trial, the plaintiff introduced in evidence a deed for the land, from the defendant, conveying the same to him absolutely in fee simple, and dated the 18th of December, 1850 ; and then proved that defendant was in possession of said land at the commencement of this…
1Opinion of the CourtChilton, C. J.
Melton, in the court below, relied upon the absolute conveyance in fee, executed to him for a tract of land by Watkins, the legal effect of which was to transfer the entire interest, of every kind, which Watkins then had in the land, both as respects the title and the right of enjoyment in possession. The court, however, by its charge, gavo effect to a contemporaneous parol agreement, that the possession of the land should be retained for a time by the grantor, no such revocation appearing in the deed, or otherwise in writing.
*436This was erroneous. It varied by parol the legal effect of the…
2Cases cited1 opinion
- Gordon v. PhillipsSupreme Court of Alabama · 1848
3Cited by8 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Thomason v. DillSupreme Court of Alabama · 1857
- Trout v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1907
- Ex Parte MartinSupreme Court of Alabama · 2000
- Burroughs v. PateSupreme Court of Alabama · 1909
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