Williams v. Higgins
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. IT. D. Clayton. This was a statutory real action in the nature of ejectment brought by R. J. Higgins, “ as the receiver of the assets of S. A. & H. Williams,” the appellee, against Z. IT.
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Appeal from Pike Circuit Court. Tried before Hon. IT. D. Clayton. This was a statutory real action in the nature of ejectment brought by R. J. Higgins, “ as the receiver of the assets of S. A. & H. Williams,” the appellee, against Z. IT. Williams, the appellant, and was commenced on 13th September, 1879. The-'appellant, defendant in the Circuit Court, pleaded not guilty, ^ and also suggested adverse possession for more than three” years and the erection of valuable improvements on the premises. On the trial the appellee, plaintiff in the lower- court, read in evidence a deed executed by the…
1Opinion of the Court
BRICKELL, O. J.
1. When a deed is found in the possession of a grantee, the presumption arises that it was duly delivered to him. The presumption is disputable, and it may be countervailed by evidence, that he obtained the possession without the knowledge or consent of the grantor, surreptitiously, or illegally, the burden of proof resting on the party disputing the presumption. But when the possession is obtained from, and by the act of the grantor, or with his consent, without infringing salutary principles of the law of evidence, it is-not permissible for him to show that the delivery was…
2Cases cited3 opinions
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Lawton v. SagerNew York Supreme Court · 1851
- Morris v. HarveySupreme Court of Alabama · 1842
3Cited by35 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Salter v. HamiterSupreme Court of Alabama · 2004
- Haworth v. NorrisSupreme Court of Florida · 1891
- Harton v. LittleSupreme Court of Alabama · 1914
- Collins v. ColleranSupreme Court of Minnesota · 1902
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