C. W. Zimmerman Mfg. Co. v. Wilson
Supreme Court of Alabama
Appeal from Circuit Court, Clarke County ; Ben D. Turner, Judge. Bill in equity to quiet title by D. C. Wilson against the G. W. Zimmerman Manufacturing Company. Decree for plaintiff, and defendant appeals.
1Opinion of the CourtMayfield, J.
Appellee filed the hill in this case to quiet and determine title to lands described. The bill alleged that complainant had title, and that he was in the a’ctual possession. It is insisted by appellant that these two material allegations were denied in the answer, and that neither was supported by proof, and that, as these were both made jurisdictional facts, complainant of necessity failed, and his hill should have been dismissed.
[1] If appellant’s premises be conceded, or be found to be true, its conclusion is correct, and the result necessarily follows, nothing further appearing. We do not…
2Cases cited7 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
- Goodson v. StewartSupreme Court of Alabama · 1908
- Mt. Vernon Lumber Co. v. ShepardSupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Robertson v. H. Weston Lumber Co.Mississippi Supreme Court · 1920
- Saenger Theatres Corporation v. McDermottSupreme Court of Alabama · 1940
- Pearl River County v. Wyatt Lumber Co.Court of Appeals for the Fifth Circuit · 1921
- Davis v. Haslam Lumber Co.Court of Appeals of Texas · 1948
2 more not listed; retrieve them via the Exa API.