King Lumber Co. v. Spragner
Supreme Court of Alabama
Appeal from Jefferson Chancery Court.. Heard before Hon. A. H. Benners. Bill by M. Spragner and others against the King-Lumber Company and others to remove cloud from title. Decree for complainants, and respondent King appeals.
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Appeal from Jefferson Chancery Court.. Heard before Hon. A. H. Benners. Bill by M. Spragner and others against the King-Lumber Company and others to remove cloud from title. Decree for complainants, and respondent King appeals. The hill alleges that Spragner and his wife oAimed certain lots, Avliich are described, situated in East Birmingham; that in 1905 they executed a mortgage on the property to one John W. Cash, to secure the payment of 32 promissory notes, given for material and building of a house on said property; that complainants paid Cash $60 on the contract, and the notes…
1Opinion of the CourtAnderson, J.
“Independent of our statute for the quieting of titles and the determination of. claims *567to real estate (Code, § 5443 et seq.) courts of equity have jurisdiction to cancel and remove a specially described cloud upon the complainant’s title, when the owner is in possession, and when the evidence of the alleged cloud is not void on its face, and extrinsic evidence is necessary to show its invalidity.”' — Pomeroy’s Eq. § 1399; Jones v. deGraffenreid, 69 Ala. 145; Daniel v. Stewart, 55 Ala. 278; Plant v. Barclay, 56 Ala. 561; Bank v. Elkins, 165 Ala. 628, 51 South. 821. We think that the present…
2Cases cited4 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Daniel v. StewartSupreme Court of Alabama · 1876
- Plant v. BarclaySupreme Court of Alabama · 1876
- Bank of Henry v. ElkinsSupreme Court of Alabama · 1910
3Cited by13 opinions
- Long v. LaddSupreme Court of Alabama · 1962
- McCaleb v. WorcesterSupreme Court of Alabama · 1932
- Chandler v. Home Loan Co.Supreme Court of Alabama · 1924
- Price v. HallSupreme Court of Alabama · 1933
- Dawson v. J. A. Lindsey & Co.Supreme Court of Alabama · 1931
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