Reynolds v. Excelsior Coal Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. S. K. McSpadden. In the case in which the Excelsior Coal Company is complainant, the bill was filed by it as the grantee, which alleged that it did not know when it bought, nor when it took possession, and when the deed to the land in controversy was made, that its grantor had, before, through fraud or mistake, executed a deed to the defendants.
Read the full summary
Appeal from the Chancery Court of Shelby. Heard before the Hon. S. K. McSpadden. In the case in which the Excelsior Coal Company is complainant, the bill was filed by it as the grantee, which alleged that it did not know when it bought, nor when it took possession, and when the deed to the land in controversy was made, that its grantor had, before, through fraud or mistake, executed a deed to the defendants. The prayer of the said bill was to remove and cancel the deed made by L. M. Tannehill to the defendants as a cloud on complainants title, and to have the defendants perpetually enjoined…
1Opinion of the CourtHaralson, J.
For a proper decision of this case, it is necessary to ascertain from the pleadings what the precise issue of fact is. The record is of voluminous proportions, and a great mass of evidence has been introduced, much of which, according to the view we take of the case, may be eliminated from consideration, in the solution of the real issue. The arguments of counsel, on each side, are lengthy and have been prepared with great care, covering a wide field of controversy. "While the subject matter involved is an undivided half interest in a forty acre tract of coal land, the contention over it…
2Cases cited6 opinions
- Park v. LideSupreme Court of Alabama · 1890
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Loucheim & Co. v. First Nat. Bank of TalladegaSupreme Court of Alabama · 1893
- Winter v. Merrick & SonsSupreme Court of Alabama · 1881
- Porter v. CollinsSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Cannon v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1915
- Baxley v. Tallassee Montgomery R. R.Supreme Court of Alabama · 1900
- McClelland v. CostonSupreme Court of Alabama · 1933
4 more not listed; retrieve them via the Exa API.