Manning v. Pippen
Supreme Court of Alabama
Appeal from tbe Chancery Court of Pickens. Tried before tbe Hon. Thos. W. Coleman. The bill in this ease was filed on the 9th May, 1887, by David Manning, against Mrs. Minnie F. Pippen and others, heirs at law of his deceased wife, Mrs. Mattie C. Manning, by a former marriage; and sought (1) an injunction of an action at law, which Mrs. Pippen had instituted against him to recover a large tract of land, (2) a cancellation of the conveyance under which she asserted title to…
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Appeal from tbe Chancery Court of Pickens. Tried before tbe Hon. Thos. W. Coleman. The bill in this ease was filed on the 9th May, 1887, by David Manning, against Mrs. Minnie F. Pippen and others, heirs at law of his deceased wife, Mrs. Mattie C. Manning, by a former marriage; and sought (1) an injunction of an action at law, which Mrs. Pippen had instituted against him to recover a large tract of land, (2) a cancellation of the conveyance under which she asserted title to the land, and (3) general relief. The deed sought to be cancel-led was a conveyance of said tract of land by the…
1Opinion of the CourtStone, C. J.
This case was finally decided on demurrer to the bill as amended. A demurrer is an admission of the truth of every fact and intent which is sufficiently averred, and it admits no more. — Lake v. Security Loan Asso., 72 Ala. 207; Flewellen v. Crane, 58 Ala. 627; Street Railway Co. v. Rand, 83 Ala. 294.
One of the purposes of the present bill is, to enjoin a suit at law for the recovery of a tract of land, instituted by Mrs. Pippen ip July, 1886. If the averments of the bill be true, Mrs. Pippen’s ejectment suit is founded on an alleged inheritance from her mother, and the mother’s title rests…
2Cases cited24 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Bolman v. OverallSupreme Court of Alabama · 1886
- Flewellen v. CraneSupreme Court of Alabama · 1877
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Carver v. EadsSupreme Court of Alabama · 1880
19 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Kent v. DeanSupreme Court of Alabama · 1900
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Smith v. SmithSupreme Court of Alabama · 1907
58 more not listed; retrieve them via the Exa API.