Bank of Henry v. Elkins
Supreme Court of Alabama
Bill to Quiet Title. Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill Tby S. A. Elkins, against the Bank of Henry, to quiet title to certain lands. From a decree overruling demurrer to the bill, the respondent appeals. The decree of. the chancellor overruling- the demurrers to the bill should be reversed. — Sec. 5443, et seq. 447, 142 Ala.
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Bill to Quiet Title. Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill Tby S. A. Elkins, against the Bank of Henry, to quiet title to certain lands. From a decree overruling demurrer to the bill, the respondent appeals. The decree of. the chancellor overruling- the demurrers to the bill should be reversed. — Sec. 5443, et seq. 447, 142 Ala. Ala. 486; 142 Ala. 490. Under the allegations of the bill the mortgage is void, and this court has power to remove same as a cloud upon title. — Richardson v. Stephens, 122 Ala. 301; McNeil v. Dams, 105 Ala. 657.
1Opinion of the CourtMcCLELLAN, J.
— Independent of our statute for the quieting of titles and the determination of claims to real estate (Code, § 5443 et seq.), courts of equity have jurisdiction to cancel and remove a specially described cloud upon the complainant’s title, when the owner is in possession, and when' the evidence of the alleged cloud is not void on its face, and extrinsic evidence is necessary to show its invalidity. — 4 Pomeroy, Eq. § 1399, and notes thereto; Jones v. De Graffenreid, 60 Ala. 145; Daniel v. Stewart, 55 Ala. 278; Plant v. Barclay, 56 Ala. 561.
The bill in the cause at bar invokes the stated…
2Cases cited3 opinions
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- Daniel v. StewartSupreme Court of Alabama · 1876
- Plant v. BarclaySupreme Court of Alabama · 1876
3Cited by11 opinions
- Wood v. EstesSupreme Court of Alabama · 1932
- Teal v. MixonSupreme Court of Alabama · 1936
- First Nat. Bank of Opp v. BolesSupreme Court of Alabama · 1936
- Floyd v. AndressSupreme Court of Alabama · 1944
- Jarrett v. HagedornSupreme Court of Alabama · 1938
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