Culver v. Carroll
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hou. H. A. Pearce. Ejectment by L. A. Culver and others, against J. S. Carroll. Judgment for defendants, and plaintiff appeals. Under the evidence in this case the deed was not shown to be so effectually delivered as to pass title to the grantees therein named.
Read the full summary
Appeal from Pike Circuit Court. Heard before Hou. H. A. Pearce. Ejectment by L. A. Culver and others, against J. S. Carroll. Judgment for defendants, and plaintiff appeals. Under the evidence in this case the deed was not shown to be so effectually delivered as to pass title to the grantees therein named. The issue in this case had no reference to the value of the property, but merely to its rental value, and hence, the value could not shed any light thereon. — Moore v. Harvey, 50 Vt. 297; Gohoon v. Kienon, 46 Ohio St. 590. No sufficient predicate was laid for the introduction of public…
1Opinion of the CourtSomerville, J.
The action is one of ejectment brought to recover a tract of land described in a deed executed by L. A. Culver, deceased, to his wife, Julia F. Culver. The conveyance is dated December 22, 1891, is duly signed and acknowledged, and based on a consideration of natural love and affection. The. lower ■court permitted the deed to go to the jury as part of the evidence in the case, to which exception was taken by appellant’s counsel, and error is assigned based on this ruling. The question raised for decision is whether the deed was ever delivered to the grantee, Mrs. Culver, ■during the lifetime…
2Cases cited8 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Taft v. TaftMichigan Supreme Court · 1886
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Hinson v. ByrdSupreme Court of Alabama · 1953
- Long v. HoldenSupreme Court of Alabama · 1927
- Pittman v. PittmanSupreme Court of Alabama · 1945
20 more not listed; retrieve them via the Exa API.