Joiner v. Glover
Supreme Court of Alabama
Appeal from Circuit Court, Pike County; T. L. Borum, Special Judge. Bill by J. A. Joiner against J. W. Glover to remove cloud from title. From decree sustaining demurrer, complainant appeals.
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Appeal from Circuit Court, Pike County; T. L. Borum, Special Judge. Bill by J. A. Joiner against J. W. Glover to remove cloud from title. From decree sustaining demurrer, complainant appeals. The bill alleges that Joiner was the owner and in the actual peaceable possession of certain described lands, and has been in possession of the same for more than 10 years, and that Glover is reputed to claim, or claims, some interest in said land, and that no suit was pending to test the validity of such claim or title, or to enforce the same; that said lands belonged to one Mary Mc-Caskell on March 15,…
1Opinion of the CourtMayfield, J.
[1] The bill is one to remove cloud from title to land. The bill in some of its stating parts, however, does follow the language used in the statutes (Code, § 5444 et seq.) to quiet and determine title; and this probably misled the trial judge into treating it purely as a statutory bill to quiet and determine title. It is very true that under a statutory bill filed under these statutes, relief may be granted by canceling deeds or conveyances as clouds on title, as incident to complete relief; but the statutes do not take away the jurisdiction of equity, to remove cloud from title, which…
2Cases cited10 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Daniel v. StewartSupreme Court of Alabama · 1876
- Plant v. BarclaySupreme Court of Alabama · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Long v. LaddSupreme Court of Alabama · 1962
- Jones v. LaceySupreme Court of Alabama · 1930
- May v. GrangerSupreme Court of Alabama · 1932
- Taylor v. GraySupreme Court of Alabama · 1956
- Hicks v. StoneSupreme Court of Alabama · 1924
1 more not listed; retrieve them via the Exa API.