Jones v. Jones
| Decision Date | 03 May 1985 |
| Citation | 470 So.2d 1207 |
| Parties | Alfred JONES and Luverne Jones v. Arthur C. JONES. 83-1392. |
| Court | Alabama Supreme Court |
Bayless E. Biles of Wilkins, Bankester & Biles, Bay Minette, for appellants.
Hugh M. Caffey, Jr. of Caffey & Byrd, Brewton, for appellee.
Alfred and Luverne Jones appeal from a judgment entered by the Baldwin County Circuit Court which held a deed executed by Sanford and Daisy Lee Jones to be void due to the lack of a valid delivery. We affirm.
The facts of this case are as follows:
Sanford and Daisy Lee Jones had two children, Alfred and Arthur Jones. On December 7, 1981, Sanford and Daisy Lee Jones executed a deed to certain land to Alfred Jones and his wife Luverne Jones. (Actually there were two deeds executed on December 7, 1981, but the validity of the other deed is not questioned in this appeal.) Daisy Lee Jones died on March 3, 1983, and Sanford Jones died on June 13, 1983. The deed from Sanford and Daisy Lee Jones to Alfred and Luverne Jones was not recorded until July 29, 1983.
Arthur Jones filed suit questioning the validity of the December 7, 1981, deed, and on August 2, 1984, the circuit court, sitting without a jury, held the deed void due to the lack of a valid delivery. Alfred and Luverne Jones subsequently filed this appeal.
The single issue for our review is whether the trial court's judgment that the deed was void for lack of a valid delivery was supported by the evidence.
In answering this question, we emphasize that the judgment was rendered by the court, sitting without a jury, and was based upon the pleadings and testimony of Alfred and Arthur Jones. It has long been the rule in Alabama that where conflicting evidence has been presented ore tenus, the trial court's findings are presumed to be correct, and this Court will not disturb the court's judgment based upon those findings unless it is clearly erroneous and against the great weight of the evidence. Cherokee Insurance Co. v. Frazier, 406 So.2d 881 (Ala.1981). Furthermore, we will affirm the trial court's judgment if, under any reasonable aspect of the evidence, there is credible evidence to support the judgment. Cougar Mining Co. v. Mineral Land & Mining Consultants, Inc., 392 So.2d 1177 (Ala.1981). Although there was conflicting testimony concerning the delivery of the deed, we are of the opinion that there was sufficient evidence offered at trial to support the trial court's findings.
Alfred Jones testified at trial that he received two earlier deeds--one dated January 8, 1980, and the other dated May 7, 1980. He testified that he recorded the January 8 deed the following day, and the May 7 deed the same day it was executed and delivered...
To continue reading
Request your trial
-
Richerson v. State
...on conflicting evidence, the reviewing court may not reverse it if there is any credible evidence to support the judgment. Jones v. Jones, 470 So.2d 1207 (Ala.1985)." Big Thicket Broadcasting Co. v. Santos, 594 So.2d 1241, 1243-44 Based on the above, we find that the ruling of the trial we ......
-
In re Suarez
..., 819 F.2d 550, 554 (5th Cir. 1987) (stating that "acts of ownership" include "insuring and maintaining the property"); Jones v. Jones , 470 So.2d 1207, 1208 (Ala. 1985) (stating that a party "retained all the incidents of ownership of the property [by paying] the taxes, collect[ing] the re......
-
Ex parte Killough
...So.2d 1128 (Ala.Civ.App.1985); McCoy v. McCoy, 549 So.2d 53, 57 (Ala.1989); McCrary v. Butler, 540 So.2d 736 (Ala.1989); Jones v. Jones, 470 So.2d 1207 (Ala.1985); Clark v. Albertville Nursing Home, Inc., 545 So.2d 9, 12-13 (Ala.1989); Nunnery v. Nunnery, 558 So.2d 944 (Ala.Civ.App.1990). T......
-
American Cas. Co. v. Wright
...the judgment. City of Birmingham v. Sansing Sales of Birmingham, Inc., supra; McCrary v. Butler, 540 So.2d 736 (Ala.1989); Jones v. Jones, 470 So.2d 1207 (Ala.1985). The issue before us is whether the trial court's finding that American Casualty's conduct, after it had received late payment......