Simmons v. Augustin
Supreme Court of Alabama
QUESTIONS IN THIS CASE. As to the competency of one to execute a valid convey« anee of realty, in consideration of natural love and affection, under a provision that the deed shall take effect in futuro. As to the title to lands, granted to one, and the heirs of his body, between the issue of the donee, and a purchaser. The construction of the statute of 1812, upon the subject of estates in fee tail, &c. The construction of a particular deed.
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QUESTIONS IN THIS CASE. As to the competency of one to execute a valid convey« anee of realty, in consideration of natural love and affection, under a provision that the deed shall take effect in futuro. As to the title to lands, granted to one, and the heirs of his body, between the issue of the donee, and a purchaser. The construction of the statute of 1812, upon the subject of estates in fee tail, &c. The construction of a particular deed. This was an action of trespass to try titles, brought in the Circuit Court of Autauga, by the next friend of Martha Augustin, an infant. The lands, the…
1Opinion of the CourtSaffold, C. J.
The action was trespass to try titles, instituted by Martha Augustin, an infant, by. hen next friend. The object was to recover of Simmons,the premises in dispute, and damages for the detention.
A recovery was had accordingly, with a view to reverse which, Simmons prosecutes this writ of error.
The bill of exceptions shews that the claim in favor of Martha Augustin, was derived from a deed of *88gift, executed by her grandfather, William J. August tin, on the first of September, 1824, whereby the land now in question, with other parcels, (which others have, by partition been allotted to another…
2Cited by13 opinions
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- Powell v. PearsonSupreme Court of Alabama · 1929
- Edwards v. BibbSupreme Court of Alabama · 1875
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