Alabama Coal & Coke Co. v. Gulf C. & C. Co.
Supreme Court of Alabama
Ejectment. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Ejectment by the Alabama Coal & Coke Company against the Gulf Coal & Coke Company. From a judgment for defendant, plaintiff appeals. Plaintiffs claim title through deed from one Peters, who claimed title from Key. The defendants claim title through Musgrove, and from Key to Musgrove. It was undisputed that Key made a deed to Peters, which in some manner got upon the records.
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Ejectment. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Ejectment by the Alabama Coal & Coke Company against the Gulf Coal & Coke Company. From a judgment for defendant, plaintiff appeals. Plaintiffs claim title through deed from one Peters, who claimed title from Key. The defendants claim title through Musgrove, and from Key to Musgrove. It was undisputed that Key made a deed to Peters, which in some manner got upon the records. It was shown that this deed was delivered by Key to Hancock, who was purchasing land for P'eters, with the agreement and understanding…
1Opinion of the CourtAnderson, J.
— Tbe general rule is that tbe delivery of a deed to tbe grantee or bis agent cannot be a delivery in escrow. — Shelby v. Tardy, 84 Ala. 330, 4 South. 276; Cherry v. Herring, 83 Ala. 458, 3 South. 667. A delivery to tbe agent or attorney of tbe grantee has tbe same effect as a delivery to tbe grantee personally, and a deed so delivered cannot be an escrow. “Where a perfectly executed deed of release is delivered to a known agent of tbe releasee, it is in law a delivery to the principal ; and it is immaterial by what verbal stipulations or conditions its delivery was accompanied, as to°its…
2Cases cited10 opinions
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Cincinnati, Wilmington and Zanesville Railroad v. IliffOhio Supreme Court · 1862
- Wier v. BatdorfNebraska Supreme Court · 1888
- Ashford v. PrewittSupreme Court of Alabama · 1893
- Shelby v. TardySupreme Court of Alabama · 1887
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3Cited by7 opinions
- Randolph v. RandolphSupreme Court of Alabama · 1944
- Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914
- Henry v. HutchinsSupreme Court of Minnesota · 1920
- Hume v. KirkwoodSupreme Court of Alabama · 1927
- McCabe v. Hartford Accident & Indemnity Co.Supreme Court of New Hampshire · 1939
2 more not listed; retrieve them via the Exa API.