Clark v. Allen
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. Thos. B. Wetmore, as special chancellor. The bill in this case was filed on the 4th November, 1884, by Mrs. Martha J. Allen, against Thomas C. Clark and John P. Spencer; and sought to establish the complainant’s equitable title and interest in a tract of land, which had been sold and conveyed to her by said Spencer, by deed dated March 6th, 1880, and which was afterwards sold under execution against him by the…
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Appeal from the Chancery Court of Greene. Heard before the Hon. Thos. B. Wetmore, as special chancellor. The bill in this case was filed on the 4th November, 1884, by Mrs. Martha J. Allen, against Thomas C. Clark and John P. Spencer; and sought to establish the complainant’s equitable title and interest in a tract of land, which had been sold and conveyed to her by said Spencer, by deed dated March 6th, 1880, and which was afterwards sold under execution against him by the sheriff, said Clark becoming the purchaser; and Clark having afterwards recovered a judgment in ejectment for the land,…
1Opinion of the CourtSomerville, J.
Tbe bill is filed by tbe appellee, Mrs. Allen, for the purpose of asserting an equitable interest in certain described lands, of which the legal title is in the appellant, Clark, who was defendant in the court below. The incidental relief sought is an injunction against a judgment for rent, obtained by Clark against the complainant and one Spencer, in an ejectment suit for the lands, in which Clark proved successful, which judgment was affirmed on appeal to this court. — Clark v. Spencer, 75 Ala. 49.
Two or three settled principles of law, in our opinion, require an affirmance of the…
2Cases cited6 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Clark v. SpencerSupreme Court of Alabama · 1883
- Henderson v. SublettSupreme Court of Alabama · 1852
- Lee v. DavisSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Empire Realty Co. v. HartonSupreme Court of Alabama · 1911
- Phillips v. SmithSupreme Court of Alabama · 1926