Kelley v. Chandler
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner, Bill by W. H. Chandler against E-. E. Kelly and the Covington County Bank to cancel a deed for fraud. Decree for complainant and respondents appeal.
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Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner, Bill by W. H. Chandler against E-. E. Kelly and the Covington County Bank to cancel a deed for fraud. Decree for complainant and respondents appeal. The case made by the bill is that the state of Alabama sold the lands to one D. O. Taylor as a part of the swamp and overflow lands, and made him a deed to the same, and that complainant purchased from Taylor through mesne conveyances his immediate vendor being B. R. Stephens. It is then averred that when complainant discovered the error in the patent, being an error of…
1Opinion of the CourtDowdell, C. J.
— This appeal is taken from the decree of the chancellor overruling the demurrer to the bill.
The demurrer is general and goes to the equity of 'the bill. The insistence of counsel in argument for the re*360spondent, appellant here, and the only insistence, is the hill shows that the respondent Bank of Covington is the transferee of the legal title to the property in question, and fails to show that the bank had notice of the complainant’s equities.
The bill in the present case does not show, on its face, that the bank is a bona fide purchaser for value without notice. If it did, the defense might…
2Cases cited4 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- McKee v. WestSupreme Court of Alabama · 1904
- Hanchey v. HurleySupreme Court of Alabama · 1900
3Cited by6 opinions
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Borden v. CaseSupreme Court of Alabama · 1960
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Hodnett v. HowleSupreme Court of Alabama · 1921
- Foster v. WilliamsonSupreme Court of Alabama · 1938
1 more not listed; retrieve them via the Exa API.