Jenkins v. Jonas Schwab Co.
Supreme Court of Alabama
Appeal from tlie Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this case was filed by the appellants, Willis L. Jenkins and David Garnet, against the appellee, Jonas Schwab Co., a corporation, to compel the determination of claims to real estate and to quiet title thereto, under the provisions of sections 809-813 of the Code.
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Appeal from tlie Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this case was filed by the appellants, Willis L. Jenkins and David Garnet, against the appellee, Jonas Schwab Co., a corporation, to compel the determination of claims to real estate and to quiet title thereto, under the provisions of sections 809-813 of the Code. The defendant filed its answer, claiming that it held a mortgage on the lands described in the bill of complaint, to secure an indebtedness evidenced by promissory notes; that upon this mortgage indebtedness there was a balance due…
1Opinion of the CourtSharpe, J.
This suit was begun by a bill filed under tlie statute (Code, §§ 809-813), which under given circumstances authorizes the filing of a bill to compel the determination of claims to real estate and to quiet the title to the same. The defendant answered that upon the lot described in the bill, it held a mortgage executed by complainants together with certain notes given by them contemporaneously with the mortgage, and by a cross-bill it prayed for foreclosure of the mortgage. A motion to strike out the cross-bill and a demurrer to same were overruled, and complainants answered the cross-bill…
2Cases cited8 opinions
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Benson v. ShotwellCalifornia Supreme Court · 1890
- Cheney v. NathanSupreme Court of Alabama · 1895
- Hart v. SmithWisconsin Supreme Court · 1878
- Monroe v. ArthurSupreme Court of Alabama · 1899
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3Cited by15 opinions
- Hanna v. HopeOregon Supreme Court · 1917
- Sumners v. JordanSupreme Court of Alabama · 1930
- Harney v. MontgomeryWyoming Supreme Court · 1923
- Newton v. WareSupreme Court of Alabama · 1960
- Warrior River Coal & Land Co. v. Alabama State Land Co.Supreme Court of Alabama · 1907
10 more not listed; retrieve them via the Exa API.