Bell v. McLaughlin
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Bill by Stephen Bell against George McLaughlin to quiet title. Cross bill by respondent for like purposes. From a decree in favor of cross complainant, original complainant appeals.
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Appeal from Jefferson Circuit Court. Bill by Stephen Bell against George McLaughlin to quiet title. Cross bill by respondent for like purposes. From a decree in favor of cross complainant, original complainant appeals. When by law a court is authorized to exercise a special jurisdiction that jurisdiction must be exercised in strict compliance with the statute giving the authority, else the attempted proceedings will be void. — 11 Cyc. 728 Note 28; Mattox v. Gato Cigar Co., 39 South. 777; Carliok v. Dunn, 42 Ala. 151; Walker v. State, 39 South. 242; Winn v. Mc-Craney, 46 South. 854. The…
1Opinion of the CourtMcCLELLAN, J.
— The original bill, filed October 25, 1909, by Stephen Bell against George McLaughlin, was designed to- invoke only the statutory system provided to compel the determination of claims to real estate. Code, §§ 5443-5448.
McLaughlin constituted his answer a cross bill; and therein sought to invoke the general jurisdiction of equity to cancel and remove as cloud upon his title a certain paper, of date February 19, 1869, purporting to be a deed from Peyton King to Stephen Bell. This cross-bill also expressed the purpose to invoke the statutory system for the determination of claims to real…
2Cases cited11 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Martin v. MartinSupreme Court of Alabama · 1911
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- Herren v. BeckSupreme Court of Alabama · 1935
- Kelen v. BrewerSupreme Court of Alabama · 1930
20 more not listed; retrieve them via the Exa API.