Ashurst v. McKenzie
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. John A. Foster. In 1844, John McKenzie owned certain lands in Macon.. County, Alabama. In said year he gave a portion of that land to his daughter, Mary S. Wright, but did not execute a deed of gift. In 1862, one Thompson purchased this Wright land on time, and received a bond for title from John McKenzie and wife.
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Appeal from the Chancery Court of Macon. Heard before the Hon. John A. Foster. In 1844, John McKenzie owned certain lands in Macon.. County, Alabama. In said year he gave a portion of that land to his daughter, Mary S. Wright, but did not execute a deed of gift. In 1862, one Thompson purchased this Wright land on time, and received a bond for title from John McKenzie and wife. In 1864, E. T. Ashurst, the appellant in this court and defendant in the court below, bought from Thompson,, and took possession of the land. In 1869, said R T. Ashurst received a deed from John McKenzie and wife, and…
1Opinion of the CourtMcOLELLAN, J.
There are. suggestions in the present bill looking to relief by way of quieting, and removing a cloud from, complainants’ title to the land in controversy. But *487neither'the averments nor proof are sufficient to authorize such reliéf.
1. With respect to bills to quiet titles we have no such., statutory provisions as exist in some of the States under which such bills have come to be an ordinary mode of trying disputed titles, and the jurisdiction of chancery can be invoked to this end only upon the general principles of equity jurisprudence, which afford this remedy to a complainant “in…
2Cases cited10 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Cox v. DouglassWest Virginia Supreme Court · 1882
- Schoonover v. BrightWest Virginia Supreme Court · 1884
- McMillan v. FerrellWest Virginia Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Yauger v. TaylorSupreme Court of Alabama · 1928
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Goodman v. CarrollSupreme Court of Alabama · 1921
- Stansell v. TharpSupreme Court of Alabama · 1944
- Turner v. De PriestSupreme Court of Alabama · 1921
25 more not listed; retrieve them via the Exa API.