Eureka Co. v. Edwards
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. Heard before Hon. Thomas Cobbs. On 12th May, 1860, Jesse B. W. Burgin, being then seized and possessed of the north-east quarter of section 31, township 20, range 5 west, sold and conveyed the same to his mother, Mary T. Burgin; and on 26th May, 1863, Mary T. Burgin, by deed with covenants of warranty, conveyed this land in fee simple to Ann Judson Burgin, and Joseph Burgin, the youngest children of Jesse B. W. and Mary Burgin, his…
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Appeal from Tuscaloosa Chancery Court. Heard before Hon. Thomas Cobbs. On 12th May, 1860, Jesse B. W. Burgin, being then seized and possessed of the north-east quarter of section 31, township 20, range 5 west, sold and conveyed the same to his mother, Mary T. Burgin; and on 26th May, 1863, Mary T. Burgin, by deed with covenants of warranty, conveyed this land in fee simple to Ann Judson Burgin, and Joseph Burgin, the youngest children of Jesse B. W. and Mary Burgin, his wife, said grantees then being minors of tender years. This deed recites a consideration of $800, but was in fact voluntary.…
1Opinion of the CourtStone, J.
The rule we have established in reviewing findings of the court of chancery on facts, is to affirm, unless we are clearly convinced the court has erred. But if clearly convinced of error, a reversal follows.-Rather v. Young, 56 Ala. 94; Bryan v. Hendrix, 57 Ala. 387; Nooe’s Ex'r. v. Garner's Adm’r. 70 Ala. 443. We have very carefully examined the testimony in this case, and have reached the following conclusions:
First, that when the deed of the mineral rights was made to Giles Edwards and his associates — June 12th, 1869,- — Joseph 0. Burgin and Ann Judson Thrasher were each under twenty-one…
2Cases cited25 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Goodman v. WinterSupreme Court of Alabama · 1879
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Patton v. BeecherSupreme Court of Alabama · 1878
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
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3Cited by21 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Blakemore v. JohnsonSupreme Court of Oklahoma · 1909
- Merrill's Heirs v. MorrissettSupreme Court of Alabama · 1884
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