Screws v. Wall
Supreme Court of Alabama
Appeal from Circuit Court, Blount County ; Woodson J. Martin, Judge. Bill by John W. Wall and. others against H. R. Screws and others. Decree for complainants, and respondents appeal. Complainants, brothers and sisters and next of kin of Sallie Screws, deceased, filed this bill against appellants H. R. Screws and J. C. Reid, seeking to remove a cloud upon their title.
Read the full summary
Appeal from Circuit Court, Blount County ; Woodson J. Martin, Judge. Bill by John W. Wall and. others against H. R. Screws and others. Decree for complainants, and respondents appeal. Complainants, brothers and sisters and next of kin of Sallie Screws, deceased, filed this bill against appellants H. R. Screws and J. C. Reid, seeking to remove a cloud upon their title. The bill, in substance, charges that, at the time of the death of Sallie Screws, she owned in fee simple an undivided one-half interest in a certain 40 acres of land, together with her husband, H. R. Screws, and that upon her…
1Opinion of the CourtGardner, J.
[1] The complainants owned only a reversionary interest in the real estate here in controversy, and the outstanding life estate is an obstacle or impediment ifi the way of the assertion by complainants of their legal rights, and therefore — although out of possession — they have a right to maintain this bill to remove the cloud from their title in reversion. It is quite clear that the bill has equity, and the demurrer was properly overruled. Fies v. Rosser, 162 Ala. 504, 50 South. 287, Mitchell v. Baldwin, 154 Ala. 346, 45 South. 715.
[2] It is insisted by appellees, and was so ruled in the…
2Cases cited7 opinions
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Fies v. RosserSupreme Court of Alabama · 1909
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- McDonald v. HarrisSupreme Court of Alabama · 1901
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Aniton v. RobinsonSupreme Court of Alabama · 1961