Pique, Manier & Hall v. Arendale
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. H. C. SpéaKE. On 16th April, 1879, James A. Pique, James W. Manier and Lewis W. Hall commenced this action against "William Allford, tenant of James Arendale, to recover certain land situate in Jackson county ; and Arendale was, on his motion, made a party defendant under the statute.
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Appeal from Jackson Circuit Court. Tried before Hon. H. C. SpéaKE. On 16th April, 1879, James A. Pique, James W. Manier and Lewis W. Hall commenced this action against "William Allford, tenant of James Arendale, to recover certain land situate in Jackson county ; and Arendale was, on his motion, made a party defendant under the statute. The plaintiffs and the defendant Arendale claimed title under one Lowrey Partin, the plaintiffs claiming under a sheriff’s deed executed in July, 1878, and Arendale directly from Partin under a deed executed .by him on 31st January, 1877. On the trial the…
1Opinion of the CourtBrickell, C. J.
The general rule relied upon by the appellants, in support of the exception to the admission of evidence showing the precise consideration of the conveyance from Partin to Arendale, and of the exception to the refusal of the second instruction requested, is unquestioned. The consideration clause of a deed can not be varied by parol evidence in a contest between the grantee and the creditors of the grantor. If the deed recited only a valuable consideration, it can not be supported by evidence of a good consideration. Or, if it recited only a good consideration, it can not be supported by…
2Cases cited6 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Burt v. CassetySupreme Court of Alabama · 1848
- Potter & Son v. GracieSupreme Court of Alabama · 1877
- Murphy v. Branch Bank at MobileSupreme Court of Alabama · 1849
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- Scott v. McGillSupreme Court of Alabama · 1944
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- Vandiveer v. StickneySupreme Court of Alabama · 1883
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