Legal Opinion

Stacey v. Jones

Supreme Court of Alabama

Decided December 17, 1912PublishedCited by 13 opinions

Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Bill by James W. Jones against Travis Stacey to settle titles to land. Decree overruling demurrer and respondent appeals.

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Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Bill by James W. Jones against Travis Stacey to settle titles to land. Decree overruling demurrer and respondent appeals. Counsel discuss the titles of complainant and respondent and the effect of the proceedings in the probate court to set aside the realty to the widow of Adville Stacey and cite authorities in support of their contention and on these authorities base the argument that the bill discloses title in the respondent and that therefore the court erred in overruling demurrers to the bill. The decree…

1Opinion of the CourtMayfield, J.

This is a statutory bill to “settle the title to lands, and to clear up all doubts or disputes concerning the same,” as is authorized by section 5443 et seq. of the Code.

The bill contains all the averments which the statute requires, and a great many more. More than two-thirds of the bill is a statement of the sources and character of the complainant’s title and possession, which, of course, is unnecessary, but does not destroy the equity of the bill. The bill not only sets out all the sources, as well as the character, of the complainant’s title, but also sets out the sources and the…

2Cases cited5 opinions

  1. Adler v. SullivanSupreme Court of Alabama · 1896
  2. Vaughan v. PalmoreSupreme Court of Alabama · 1912
  3. McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
  4. Inter-State Building & Loan Ass'n v. StocksSupreme Court of Alabama · 1899
  5. Bledsoe v. Price & Co.Supreme Court of Alabama · 1902

3Cited by13 opinions

  1. Grayson v. MuckleroySupreme Court of Alabama · 1929
  2. Campbell v. RiceSupreme Court of Alabama · 1943
  3. Davis v. DanielsSupreme Court of Alabama · 1920
  4. Eatman v. GoodsonSupreme Court of Alabama · 1954
  5. Gray v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1926

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