Shorter v. Smith
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hou. B. B. McCraw. The bill in this case was filed on the 27th March, 1874, by Reuben C. Shorter and Virginia A. Oliver, only surviving heirs at law of Eli S. Shorter (or Eli B. Shorter, as tbe name is copied indifferently in tbe transcript), deceased, against the heirs of Elijah Corley, deceased, John J. Smith, B. E. Smith, R. G. Young, McKinney Thomas, and James M. Phillips ; and sought to divest the legal title to…
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Appeal from the Chancery Court of Lee. Heard before the Hou. B. B. McCraw. The bill in this case was filed on the 27th March, 1874, by Reuben C. Shorter and Virginia A. Oliver, only surviving heirs at law of Eli S. Shorter (or Eli B. Shorter, as tbe name is copied indifferently in tbe transcript), deceased, against the heirs of Elijah Corley, deceased, John J. Smith, B. E. Smith, R. G. Young, McKinney Thomas, and James M. Phillips ; and sought to divest the legal title to certain lands, situated in Tallapoosa county, out of the heirs of the said Elijah Corley, and to have it vested in the…
1Opinion of the CourtBrickell, C. J.
The rule is now well settled, that if *210tbe case stated in a bill is prima facie within the bar of the statute of limitations, or offensive to the peculiar rules which a court of equity adopts for the discouragement of stale demands, objection on that ground may be taken by demurrer; the defendant will not be put to plea, or compelled to make special defense by answer.- — Nimmo v. Stewart, 21 Ala. 682; Ragland v. Morton, 41 Ala. 344; Johnson v. Johnson, 5 Ala. 90 ; Maury v. Mason, 8 Port. 211. A case does not fall within the operation of this rule, if the suit is for the recovery of property,…
2Cases cited8 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Ormond v. MartinSupreme Court of Alabama · 1861
- Nimmo v. StewartSupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Oden v. KingSupreme Court of Alabama · 1927
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Warren v. AdamsSupreme Court of Colorado · 1894
- Ellis v. StickneySupreme Court of Alabama · 1949
- Bell v. HudsonCalifornia Supreme Court · 1887
16 more not listed; retrieve them via the Exa API.