67 So. 991 | Ala. | 1915
In Elsberry v. Boykin, 65 Ala. 336, 341, and again in Fitzpatrick v. Brigman, 130 Ala. 450, 456, 30 South. 502, it was said—apparently as obiter dictum in each case—that: “If it is duly acknowledged and recorded, the presumption of delivery attaches, which can be repelled only by evidence of actual dissent of the grantee.” (Italics ours.)
In Alexander v. Alexander, 71 Ala. 295, 298, it was said: “The testimony equally shows that, when the deed
In Wells v. Am. Mort. Co., 109 Ala. 430, 443, 20 South. 136, 141, it was said: “But when a deed is executed with all the formalities essential to perfect it, when grantor and grantee join in its execution, the grantee thereby manifesting acceptance of it, when the execution is acknowledged before an officer having authority, * * and it is spread upon the public records as notice to all the world of its existence, if the fact of delivery he disputable, the evidence controverting it must be clear and convincing; it must appear that there was not, in fact, delivery, and that at the time of execution it was so understood.”
It is observed, however, that the presence and joinder of the grantee in the execution of the deed differentiates the Wells Case from the others.
Finally, in Gulf Red Cedar Co. v. Crenshaw, 169 Ala. 606, 613-615, 53 South. 812, 814, it was said: “Of course, registration of the deed is not conclusive evidence of a delivery, and it may he refuted by other evidence. The fact of delivery rests upon intention, and is to be collected from all the acts and declarations of the parties having relation to it. * * * The fact [of the grantor’s reclamation and control of the deed after registration] might afford an inference that the registrá
The bill is one for the cancellation of a cloud on complainant’s title, and not for the quieting of an adverse claim under the code proceeding.
The general demurrer was properly overruled, and the decree of the chancellor will be affirmed.
Affirmed.