Dixie Grain Co. v. Quinn
Supreme Court of Alabama
Appeal from Choctaw Chancery Court. Heard before Hon. Ti-iomas H. Smith. Hill by Ellen Quinn against the Dixie Grain Company and others for injunction to restrain the maintenance of a turpentine orchard upon. certain lands, and to redeem. Decree for complainant, and respondents appeal. The bill of complaint shows the following material facts: The complainant was and is owner and in possession of certain land, known as the Quinn plantation, on the Bigbee river.
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Appeal from Choctaw Chancery Court. Heard before Hon. Ti-iomas H. Smith. Hill by Ellen Quinn against the Dixie Grain Company and others for injunction to restrain the maintenance of a turpentine orchard upon. certain lands, and to redeem. Decree for complainant, and respondents appeal. The bill of complaint shows the following material facts: The complainant was and is owner and in possession of certain land, known as the Quinn plantation, on the Bigbee river. On January 2, 1900, she conveyed (?) to B. H. Yidner the stumpage of pine trees on said land, the transaction with him being evidenced…
1Opinion of the CourtSomerville, J.
The material grounds of demurrer to the hill of complaint, so far as it is necessary to state them, are that it contains no equity; .that it is multifarious ; that its allegations are fatally self-repugnant; and that there is a misjoinder of parties defendant.
1. If the facts stated in the bill are true — and we so take them on demurrer — the respondent Dixie Grain Company did not acquire any interest in the timber by its purchase at sheriff’s execution sale, because the defendants in execution had no interest in the timber which could thereby pass. The mortgage executed by them to the Alabama…
2Cases cited13 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Gamble v. Black Warrior Coal Co.Supreme Court of Alabama · 1911
- Mansfield v. Excelsior Refining Co.Supreme Court of the United States · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Cox, Inc. v. Humble Oil & Refining Co.Texas Commission of Appeals · 1929
- Gill v. MoreSupreme Court of Alabama · 1917
- Davis v. AndersonSupreme Court of Alabama · 1929
16 more not listed; retrieve them via the Exa API.