Traylor v. Clayton
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County ; W. W. I-Iarralson, Judge. Bill by O. W. Clayton and others, as trustees, against O. R: Traylor and wife, to correct a description in a deed and to quiet title, with cross-bill by respondent seeking to have certain additions made to the habendum clause of the deed. From a decree granting relief to complainant and denying relief on the cross-bill, respondents appeal.
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Appeal from Circuit Court, De Kalb County ; W. W. I-Iarralson, Judge. Bill by O. W. Clayton and others, as trustees, against O. R: Traylor and wife, to correct a description in a deed and to quiet title, with cross-bill by respondent seeking to have certain additions made to the habendum clause of the deed. From a decree granting relief to complainant and denying relief on the cross-bill, respondents appeal. In order to constitute a conveyance, there must necessarily be both grantor and grantee. 9 Oyc. 860; 13 Cyc. 527. Counsel discuss the evidence, but without further citation of authority.…
1Opinion of the CourtMiller, J.
This is a bill of complaint to correct error in the description of land in a deed and to quiet title thereto. In April, 1902, G-. R. Traylor and his wife, T. A. Traylor, executed deed to complainants to a certain tract of land, describing it as being in S. E. Vi of S. E. Vi of section 32, township- 5, range 8, in De Kalb county, when in fact it was in the S. E, % of N. E. Vi of said section 32.
The defendants file answer and cross-bill, and seek thereby to also correct error in said deed, and have inserted therein the following:
“That the property should revert back to the grantors when it…
2Cases cited2 opinions
- Houston v. FaulSupreme Court of Alabama · 1888
- Fields v. ClaytonSupreme Court of Alabama · 1897
3Cited by5 opinions
- Parra v. CooperSupreme Court of Alabama · 1925
- Clipper v. GordonSupreme Court of Alabama · 1950
- Amberson v. PattersonSupreme Court of Alabama · 1933
- Brumfield v. HallSupreme Court of Alabama · 1926
- Hulsey v. FolsomSupreme Court of Alabama · 1970