Griffin v. Griffin

• Decision Date: 20 October 1921
• Docket Number: 7 Div. 201
• Citation: 90 So. 907,206 Ala. 489
• Parties: GRIFFIN v. GRIFFIN et al.
• Court: Alabama Supreme Court

90 So. 907

206 Ala. 489

GRIFFIN v. GRIFFIN et al.

7 Div. 201

Supreme Court of Alabama

October 20, 1921

Appeal from Circuit Court, Etowah County; W.J. Martin, Judge.

Bill by Rena Griffin and another against Jerry Griffin. Decree for plaintiffs, and defendant appeals. Affirmed.

O.D Street, of Guntersville, for appellant.

E.O McCord & Son, of Gadsden, for appellees.

ANDERSON C.J.

The appellant cannot complain of the action of the trial court in overruling his demurrer to the bill of complaint as he suffered no injury thereby. In other words, the trial court denied the complainants relief both as to quieting title and specific performance, and the only relief awarded was in allowing the complainants compensation for the improvements on the land, less the rental value of the lot, as a condition precedent to the relief sought by the respondent by way of cross-bill. The respondents' answer was not a mere traverse of the bill of complaint, but was made a cross-bill and sought affirmative relief, under the authority of Jenkins v. Jonas Schwab Co., 138 Ala. 664, 35 So 649; Cheney v. Nathan, 110 Ala. 254, 20 So. 99, 55 Am.St.Rep. 26. The said cross-bill did not question or deny the complainants' right to compensation for improvements, in case there was a parol gift of the lot, but sought to get the benefit of rents in the event compensation was allowed for improvements. Moreover, the trial court had the authority and it was its duty to require the cross-complainant to do equity as a condition precedent to the relief sought and granted under the cross-bill, and which merely required him to pay the value of the improvements made upon the land by the donee, less the rent of the lot before a restoration of the possession under the title adjudged to be in the cross-complainant.

While the evidence established to the satisfaction of the trial court, and with which we are in accord, that there was a parol gift of the lot from Jerry Griffin to his son, who went into possession and made valuable improvements upon same, these facts did not warrant or authorize a specific execution of the gift by a court of equity, but did authorize the award of compensation to the donee, or his representative, for the improvements, less the rent as a condition precedent to the affirmative relief sought by the cross-complainant. Evans v. Battle, 19 Ala. 398; Pinckard v. Pinckard, 23 Ala. 649.

The trial court in awarding compensation for the improvements,...