Wilson v. Miller
Supreme Court of Alabama
Appeal from Chancery Court of Bibb. Heard before Hon. Thomas H. Smith. The bill in this cause was filed by the appellee,-John W. Miller, against the appellant, Fayette Wilson and others, and sought to enjoin an action of ejectment, which had been begun against him by appellees, and also to cancel a certain deed as a cloud upon his title. ' The averments of the bill were to the effect that the complainant bought the lands in 1883 from one Walter T). Wilson, who executed a…
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Appeal from Chancery Court of Bibb. Heard before Hon. Thomas H. Smith. The bill in this cause was filed by the appellee,-John W. Miller, against the appellant, Fayette Wilson and others, and sought to enjoin an action of ejectment, which had been begun against him by appellees, and also to cancel a certain deed as a cloud upon his title. ' The averments of the bill were to the effect that the complainant bought the lands in 1883 from one Walter T). Wilson, who executed a deed to complainant and put him in possession, and that he was still in possession. That said Wilson was at the time, and…
1Opinion
*271ON APPLICATION FOE REHEARING.
TYSON, J.
On a re-examination of the question presented by this record, we have reached the conclusion that the bill is without equity.
On the facts averred, every matter invoked by complainant as. a ground for equitable interference by injunction is available to him as a defense to the action of ejectment. It is true that, in that- action the court, in which it is pending, is impotent to cancel the deed, upon which the plaintiff relies for a recovery, as a cloud upon complainant’s title. But that court has jurisdiction,, and is in the legitimate exercise of it, to…
2Cases cited5 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Lehman, Durr & Co. v. ShookSupreme Court of Alabama · 1881
- Womack v. PowersSupreme Court of Alabama · 1873
- Holt v. PickettSupreme Court of Alabama · 1895