Arnett v. Bailey
Supreme Court of Alabama
Appeal from the Chancery Court of Limestone. Heard before the Hon. Henry C. Speake. Tlie bill in this case was filed on the 24th January, 1876, by Mrs. Laura W. Arnett, against James M. Bailey and bis wife, Mrs. Jane F. Bailey, who was tbe complainant’s sister, and against Benjamin N. Word; and sought a partition of certain lands, of which said Bailey and wife bad possession, an account of tbe rents and profits while in tbeir possession, and the cancellation of tbe deed…
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Appeal from the Chancery Court of Limestone. Heard before the Hon. Henry C. Speake. Tlie bill in this case was filed on the 24th January, 1876, by Mrs. Laura W. Arnett, against James M. Bailey and bis wife, Mrs. Jane F. Bailey, who was tbe complainant’s sister, and against Benjamin N. Word; and sought a partition of certain lands, of which said Bailey and wife bad possession, an account of tbe rents and profits while in tbeir possession, and the cancellation of tbe deed under wbicb they claimed tbe lands. The lands had belonged to Mrs. Jane Mabone, who was tbe mother of tbe complainant and…
1Opinion of the Court
STONE J.
The bill in this case admits that the complainant, at the time this suit was commenced, was not in possession of the lands in controversy. That is fatal to it, as a bill to remove a cloud from the title.—Rea v. Longstreet and Sedgwick, 54 Ala. 291; Daniel v. Stewart, at the last term.
2. Neither can the bill be maintained to recover possession of the lands, without averment, not found in this record, that Word, who holds the legal title in trust, refuses to bring an action for its recovery. If, as the bill avers, the sale under the decree of the Probate Court was void-, then the remedy…
2Cases cited11 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Horton v. SledgeSupreme Court of Alabama · 1856
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3Cited by16 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Williams v. OvercastSupreme Court of Alabama · 1934
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
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