Hill v. Gray
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by Mike Hill and others against J. W. Gay. Judgment for defendant and plaintiff appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by Mike Hill and others against J. W. Gay. Judgment for defendant and plaintiff appeals. A liberal construction should be given the deed, and it should be made to operate ás a deed if possible. — 13 Cyc. 604-5; 20 L. R. -A. 848. The defendant cannot set up want of notice of the Baron áeeá.-Alexcmder v. Wheeler, 78 Ala. 167. Under the law in force at the time of the execution of the deed, the Hill children had a remainder interest in the land and could not be deprived thereof.— Secs. 1302-1305, Code 1852; Mason v.…
1Opinion of the CourtSimpson, J.
This is a statutory action of ejectment by the appellants against the appellee. The plaintiffs base their claim of title on the construction -of the deed contended for, which deed is set out in the statement of the case, and dated March 9, 1860. The evidence showed that Orin Hill, the grantee in the deed, went into possession of the land in 1860. In 1867 he and his wife conveyed the property here sued for by warranty deed to Lewis & Snodgrass. They went into possession and inclosed the property and built upon it. Deeds were also shown from said- Orin Hill, conveyed to various parties *275various…
2Cases cited6 opinions
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892
- Pritchard v. . BaileySupreme Court of North Carolina · 1893
- McDowell v. BrownSupreme Court of Missouri · 1855
- English v. BeehleSupreme Court of Missouri · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Graves v. WheelerSupreme Court of Alabama · 1913
- Henry v. WhiteSupreme Court of Alabama · 1952
- Hardee v. HardeeSupreme Court of Alabama · 1956
- Dozier v. Troy Drive-In-Theatres, Inc.Supreme Court of Alabama · 1956
- Libby v. WinstonSupreme Court of Alabama · 1922
14 more not listed; retrieve them via the Exa API.