Legal Opinion

Traylor v. Clayton

Supreme Court of Alabama

Decided February 3, 1921No. 7 Div. 104PublishedCited by 5 opinions

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.

Read the full summary

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

  1. Houston v. FaulSupreme Court of Alabama · 1888
  2. Fields v. ClaytonSupreme Court of Alabama · 1897

3Cited by5 opinions

  1. Parra v. CooperSupreme Court of Alabama · 1925
  2. Clipper v. GordonSupreme Court of Alabama · 1950
  3. Amberson v. PattersonSupreme Court of Alabama · 1933
  4. Brumfield v. HallSupreme Court of Alabama · 1926
  5. Hulsey v. FolsomSupreme Court of Alabama · 1970

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API