62 So. 525 | Ala. | 1913
This bill was filed by Isham J. Dorsey as the executor of the last will and testament of R. J. Thornton, deceased, against Annie L. Thornton, Reuben J. Thornton, Min ter L. Thornton,' and Loxla C. Thornton, who are the widow and children of R. Loxla Thornton, deceased, and against certain other parties named as respondents to the bill, for the purpose of quieting the title to certain real estate situated in the city of Birmingham. ' As an incident to the relief sought,
It is not claimed that R. J. Thornton had any real estate on First avenue in the city of Birmingham, except the 100 feet in controversy. The title to the western 75 feet of that 100 feet passed out of R. Loxla Thornton into £D. T. Hudmon by the deed dated October 7, 1896, and while an error was committed by the clerk in the probate office in transcribing into the record the description of the land conveyed by the deed, this clerical error in the record can be of no service to any one.
Section 3369 of the present Code — which was section 1270 of the Code of 1852, and which section has, unchanged, been brought forward into all of our subsequent Codes — provides that a conveyance shall be operative as a record from the date of its delivery to the probate judge for record. “This statute relieves a party who has done all that is devolved upon him by the law, from the consequences of the failure of the probate judge to discharge his duty, or of the imperfect manner in which he' discharges it. The conveyance being-operative as a record from its delivery to the judge, no subsequent mistake of his could deprive it of the operation thus given it by law.” — Mims v. Mims, 35 Ala. 23;
The title of this particular 75 feet of the 100 feet passed out of D. T. Hudmon into R. J. Thornton by a deed dated December 10, 1897, and while that deed was not recorded until some time after the death of R. J. Thornton, that fact cannot avail appellant. No party to this cause claims that he has any right to the property by virtue of any conveyance which was made by D. T. Hudmon after Hudmon had sold the land to R. J. Thornton or that R. J. Thornton’s failure to record the Hudmon deed did, in any way, affect or give rise to the claims now made by any person to the property.
The decree of the chancellor was in accordance with the views above expressed, and it is therefore affirmed.
Affirmed.