Legal Opinion

Zaner v. Thrower

Supreme Court of Alabama

Decided November 27, 1919No. 7 Div. 924PublishedCited by 17 opinions

Appeal from Circuit Court, Cleburne Ootinty; A. H. Alston, Judge. Bill by George Zaner and others against A. B. Thrower and' others for review or to cancel a decree of sale as a cloud on complainants’ title. From a decree sustaining demurrers to the bill, the complainants appeal. As alleged in the bill in the present case, the defendant Margaret E. Green is the daughter of Jane Zaner, and plaintiffs are the wife and children of Bailey Zaner, a son of Jane Zaner.

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Appeal from Circuit Court, Cleburne Ootinty; A. H. Alston, Judge. Bill by George Zaner and others against A. B. Thrower and' others for review or to cancel a decree of sale as a cloud on complainants’ title. From a decree sustaining demurrers to the bill, the complainants appeal. As alleged in the bill in the present case, the defendant Margaret E. Green is the daughter of Jane Zaner, and plaintiffs are the wife and children of Bailey Zaner, a son of Jane Zaner. Jane Zaner and her husband conveyed land to Bailey Zaner and his brother, which the grantees subsequently divided. Margaret E. Green…

1Opinion of the CourtThomas, J.

The appeal is from a decree sustaining demurrer to the original bill of review or to cancel a decree of sale and proceedings thereunder as a cloud on complainants’ title. Two questions are presented: (1) Whether the final decree of sale of said land by the chancery court, of date May 21, 1915, was void; and .(2) whether in the record and proceedings of the chancery court for said sale there is an error of law apparent upon the record that would authorize the circuit court, in equity, to set aside said former decree and proceedings by the chancery court for the sale of the land.

Under the…

2Cases cited33 opinions

  1. The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
  2. National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
  3. Marks v. CowlesSupreme Court of Alabama · 1878
  4. McCall v. McCurdySupreme Court of Alabama · 1881
  5. Johnson v. JohnsonSupreme Court of Alabama · 1913

28 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Williams v. KnightSupreme Court of Alabama · 1936
  3. Mt. Vernon-Woodberry Mills v. Union Springs Guano Co.Supreme Court of Alabama · 1934
  4. Rush v. StateSupreme Court of Alabama · 1950
  5. Stover v. HillSupreme Court of Alabama · 1922

12 more not listed; retrieve them via the Exa API.

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