Smith v. Turpin
Supreme Court of Alabama
Appeal from the Chancery Court-of Perry. Heard before the Hon. W. II. T’ayloe. The bill in this case was filed on January 9, 1895, by James Q. Smith, a minor, by next friend, against Louis W. Turpin, Marie L. Smith, Thomas O. Smith, A. Kolsky, and. the Canadian '& American Mortgage and Trust Company, Limited.
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Appeal from the Chancery Court-of Perry. Heard before the Hon. W. II. T’ayloe. The bill in this case was filed on January 9, 1895, by James Q. Smith, a minor, by next friend, against Louis W. Turpin, Marie L. Smith, Thomas O. Smith, A. Kolsky, and. the Canadian '& American Mortgage and Trust Company, Limited. The bill averred that the complainant was the son and only child of James Q. Smith, deceased, and resided with his mother, the defendant Marie L. Smith ; that on July 22, 1879, James Q. Smith, deceased, was the owner of a tract of land particularly described in the bill, and in…
1Opinion of the CourtColeman, J.
The appellee Turpin, by mesne conveyance from Marie L. Smith, claims to hold the legal and equitable title to a certain tract of land, the subject of controversy in this litigation. The ownership and x-ight of Marie L. Smith to convey the land involve the construction of an antenuptial contract and conveyance to her, made by James Q,. Smith, the father of complainant, but who died before the conveyance by the grantee, Maxüe L. Smith, was executed. The cardinal rule, which predominates all others, in construing contracts, deeds, or devises, is to ascertain the intention of the parties, and…
2Cases cited2 opinions
- March v. EnglandSupreme Court of Alabama · 1880
- Memphis Charleston Railroad v. BynumSupreme Court of Alabama · 1890
3Cited by3 opinions
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Woodruff v. SmithSupreme Court of Alabama · 1899
- Smith v. Dallas Compress Co.Supreme Court of Alabama · 1915