Green v. Jones, 6 Div. 322
| Decision Date | 16 October 1952 |
| Docket Number | 6 Div. 322 |
| Citation | 60 So.2d 857,257 Ala. 683 |
| Parties | GREEN et al. v. JONES et al. |
| Court | Alabama Supreme Court |
McEniry, McEniry & McEniry, Bessemer, for appellants.
Huey, Welch & Stone, Bessemer, for appellees.
This appeal is by plaintiffs from a judgment rendered in favor of the defendants in the statutory action in the nature of ejectment. Code of 1940, Tit. 7, § 938. The plaintiffs are the next of kin and heirs at law of Lee Green, who died intestate in 1944. They are seeking to recover 'Lot 1, Block 1, according to the map and plan of Moss & Taylor's Addition, as recorded in the Probate Office of Jefferson County, Alabama, in map book 12, at page 27.'
The defendants are the next of kin and heirs at law of Alice Jones who died intestate in 1948.
The suit was filed September 12, 1950. The cause of action is stated in a single count of the complaint, subsequently in statutory form, to which the defendants pleaded the general issue--not guilty.
The evidence is without dispute that the lot in question was owned and occupied by Lee Green in his lifetime and that he on November 13, 1943, made and delivered a deed based on a valuable consideration to Alice Jones. The plaintiffs and the defendants, who were in possession, claim through said deed. We quote the material provisions of the deed:
'That in consideration of Fifty (50) and no/100 Dollars to the undersigned grantor Lee Green, an unmarried man, in hand paid by Alice Jones, the receipt whereof is acknowledged I the said Lee Green, an unmarried man do grant, bargain, sell and convey unto the said Alice Jones the following described real estate, to-wit: 'Lot one (1) in block one (1) according to the map and plan of Moss and Taylor's Addition, as recorded in the Probate Office of Jefferson County, Alabama, in map book twelve (12) on page twenty-seven (27). situated in Jefferson County, Alabama.
'To have and to hold to the said Alice Jones during her lifetime and upon her death to Lee Green, heirs and assigns forever.
At the conclusion of the evidence the defendants requested in writing the...
To continue reading
Request your trial
-
Hardee v. Hardee
...permitted no other conclusion. Henry v. White, 257 Ala. 549, 60 So.2d 149; Wright v. Smith, 257 Ala. 665, 60 So.2d 688; Green v. Jones, 257 Ala. 683, 60 So.2d 857. In each of those cases we held that the deeds under consideration conveyed a fee simple estate. The holding in each case was ba......
-
Little v. Hunter
...Willis v. James et al., Supra; Graves v. Wheeler, Supra. In Hardee v. Hardee, Supra, we overruled the holding in Green et al. v. Jones et al., 257 Ala. 683, 60 So.2d 857, to the effect that the granting clause in the deed under consideration in that case conveyed a fee simple estate, 'The g......
-
Lattimer v. Stratford, 3 Div. 628
...is contradictory of or repugnant to the granting clause. If so found, the granting clause prevails. Henry v. White, supra; Green v. Jones, 257 Ala. 683, 60 So.2d 857. There can be no dispute that insofar as the granting clause is concerned a vested remainder was conveyed to John B. Stratfor......
-
Johnson v. Harrison
...statements or recitals. Henry v. White, 257 Ala. 549, 60 So.2d 149; Wright v. Smith, 257 Ala. 665, 60 So.2d 688; Green v. Jones, 257 Ala. 683, 60 So.2d 857; Hardee v. Hardee, In other words, the presumption is, and all doubts are resolved in favor of a fee simple estate. The intention to cr......