Galloway v. Hendon
Supreme Court of Alabama
Appeal from the Chancery Court of Walker. Heard before the Hon. John 0. Carmichael. The bill in this cause was filed by the 'appellee, T. S. Hendon, as guardian of Hugh McLain, against appellant, to remove a cloud from the title of the ward’s land, •described in the bill, by cancelling two deeds made by Hugh McLain to M.-P. Leith and H. W. Leith. The last mentioned deed conveyed only the mineral interests.
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Appeal from the Chancery Court of Walker. Heard before the Hon. John 0. Carmichael. The bill in this cause was filed by the 'appellee, T. S. Hendon, as guardian of Hugh McLain, against appellant, to remove a cloud from the title of the ward’s land, •described in the bill, by cancelling two deeds made by Hugh McLain to M.-P. Leith and H. W. Leith. The last mentioned deed conveyed only the mineral interests. The respondent claims through mesne conveyances the mineral interests in the lands described. The bill alleged that the grantor, Hugh McLain, wasi insane at the time he executed the deeds,…
1Opinion of the CourtTyson, J.
If it be true as alleged in the bill that complainant was insane at the time he executed the two deeds to the Leiths, those deeds are void and the legal title to the lands in controversy is still in him. And this is true notwithstanding respondent may have purchased the lands without notice of complainant’s insanity. — Wilkinson v. Wilkinson, 129 Ala. 279; Dougherty v. Powe, 127 Ala. 577.
The complainant, if insane, having the legal title, to entitle him to invoke the jurisdiction of a court of equity to cancel the various conveyances sought to be cancelled, must have been in the actual…
2Cases cited10 opinions
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Baines v. BarnesSupreme Court of Alabama · 1879
- Dougherty v. PoweSupreme Court of Alabama · 1900
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- Brown v. HunterSupreme Court of Alabama · 1898
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