45 So. 53 | Ala. | 1907
It was admitted on the trial that the lands in suit were of those granted by the United States to the state of Alabama, in trust, in aid of the construction of railroads in this State. A general history of congressional and legislative enactments in respect of these granted lands has been repeatedly set forth in the reported decisions of this court, beginning with the case of Swann & Billups v. Lindsey, 70 Ala. 507. So we see no occasion to state it anew. It will.suffice to pass upon, without enumerating all of them, the points taken by appellants in this case against the validity of the record title shown by the appellee as it is traced from the United States, through the state of Alabama and Swann & Billups as trustees, to the appellee, Alabama State Land Company.
The valid investiture of Swann & Billups as trustees with the legal title to those granted lands not otherwise or theretofore disposed of has been, either directly or indirectly, announced by this court in the following cases: Ware’s Case, 79 Ala. 330; Standifer’s Case, 78 Ala. 88; Gaston’s Case, 87 Ala. 569, 6 South. 386; Miller’s Case, 82 Ala. 530, 1 South. 65; s. c. 89 Ala. 631, 7 South. 771; Galloway v. Henderson, 136 Ala. 322, 323, 34 South. 957. No satisfactory reason for á departure from the conclusion declared in the cited authorities has
The action is common-law ejectment, and several demises are laid in the declaration; but to only one, that from the Alabama State Land Company, does the testimony adduced relate. The assignments of error made are all too indefinite to command a review of the matter complained of, except that predicated upon the giving of the affirmative charge for plaintiff.- This assignment seems to raise in substance the question to which counsel have given attention in brief and argument. The deed, purporting to be from the trustees, conveying the lands in suit, among others, to the Alabama State Land ’Company, was introduced in evidence, and, of course, constitutes an important link in the title involved. Against the validity of this conveyance appellants insist that it was and is only the individual act of S wann & Billups, rather than that of the trustees, as such. The. instrument purports to have been executed, viewing only the signatures thereto, by John Swann and John A. Billups; and the acknowledgment, while in the usual form, does not set out the character in which the paper was signed by them. By the elaborate recitals set forth in the instrument the history of legislation by the state of Alabama in reference to the lands involved in the “Debt Settlement Act,” approved February 23, 1876 (Acts 1875-76, p. 130), and their conveyance to the trustees selected as therein provided, and the official performance of the direction to the Governor of Alabáma to
We think it may be justly presumed that the signers of the instrument were in fact the trustees. — Kent v. Mansel, 101 Ala. 334, 14 South. 489. There is no denial of it anywhere in the record. If so then the inquiry is: Was further description of the character in which they affixed their signatures to the instrument essential to a valid conveyance by them as trustees of the real estate, described? We do not think so. Either the conveyance must be taken as by them as trustees or as individuals. The latter construction cannot prevail, since thereby violence would be done to the express provisions of the instrument. So the inquiry reduces itself to this: Is a conveyance by a trustee, or one like circumstanced, void unless the signature of the purported grantor is attended with terms descriptive of the character in which he undertakes to convey? It seems to us that the only
It is objected also, that the conveyance to the State Land Company, which bears date of the 8th of December, 1886, was not executed before the termination of the trust, which by the act cited was limited to expire on May 1, 1886. The act, and the deed from the Governor to the trustees in accord with it, renders this objection untenable, wherein it is provided (Acts 1875-76, p. 147, § 19) : “And all lands then [May 1, 1886] remaining unsold shall be conveyed by said trustees to such persons so entitled to share in said trust moneys, or to such person or persons as they may direct.” It is affirmed in the premises of the conveyance to the State Land Company that these conditions were fully met and the conveyance to the company Avas made in pursuance of a valid direction to that end. There was no attempted refutation of this recital. The plaintiff having shown a prima facie right to recover, as it was bound to do, the obligation passed to the defendants to prove a better ti-
On July 28, 1903, the Warrior River Coal & Land Company filed against the Alabama State Land Company a bill, under section 809 et seq., Code 1890, to quiet title to these lands in suit, with others. The bill contains the statutory averments, though the prayer seeks a broader relief than the statute (section 812) under such averments allows. The respondent, answering the bill, averred that complainant was not in possession of the lands involved in this ejectment suit, among others, and had not been for more than ten years preceding the filing of the bill; that, on the contrary, the respondent was in possession of the lands; and that the responden! was the owner in fee of the lands. On March 12, 1904, the cause was set down for final hearing, and on motion of respondent dismissed because of the default of complainant. This action of ejectment was instituted on November 24, 1903, several months prior to the dismissal of the chancery cause. Such dismissal, under rule 28 of chancery practice, was equivalent to a dismissal on the merits. — Strang v. Moog, 72 Ala. 460. Section 812 of the Code of 1896 is, in the parts here important, as follows: “* * * The court shall * * * finally adjudge and decree whether the defendant has any right, title or interest in, or incumbrance upon such
The merits of the cause, dismissed on March 12, 1904, may be easily gathered from the pleadings in this instance. The bill invoked the statutory jurisdiction of the court, and the answer was appropriate thereto. It negatived the possession of complainant and asserted that of the defendant, and also averred the ownership in fee of these lands ,with others, by the defendant. It is thus readily seen that, by virtue of the statute (section 812), the defendant’s title to these, among other, lands was of the very essence of the merits of the cause. Had it proceeded in an orderly way to final decree, and the proof justified the conclusion, the court, under the cited
The plaintiff (appellee) made out its prima facie case, and the record of the dismissed cause was admissible to show that the defendant’s (appellant’s) claim of title or right, the reliance to overcome the plaintiff’s prima facie right to recover, had been judicially determined between the Warrior Company and the plaintiff; the former then, and a.t the time the bill in equity was filed, asserted its right and title under the conveyance from Laird. The purpose and effect of the evidence was to present an estoppel against the Warrior Company to again plead a judicially determined matter, and was not relied upon by plaintiff as evidence of title for recovery of the laud in controversy.
Affirmed.