Reynolds v. Kirk
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on February 4, 1892, by the appellee, George Kirk, against the appellant, E. R. Reynolds, and Willis C. Stephens, to remove a cloud from the title of the complainant to certain lands.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on February 4, 1892, by the appellee, George Kirk, against the appellant, E. R. Reynolds, and Willis C. Stephens, to remove a cloud from the title of the complainant to certain lands. The bill averred that on January 5, 1888, the complainant, George Kirk purchased from Willis 0. Stephens the S. W. £ of the S. W. £ of section 6, township 5, range 5 E. and went into possession of said land, and continued to occupy it as his own; that at the time of the purchase there was no deed…
1Opinion of the CourtHaralson, J.
1. On the facts set up in this bill, the complainant occupied a position that entitled him to file it, to remove a cloud on his title.—Rea v. Longstreet, 54 Ala. 291; Lytle v. Sandefur, 93 Ala. 399; Torrent Fire Co. v. City of Mobile, 101 Ala. 559; Barclay v. Henderson, 44 Ala. 269.
2. His purchase from- Stephens was not void under the statute of frauds. He went into the immediate possession, and has been holding and claiming it ever since, making annual crops and erecting improvements on it. He executed and delivered his promissory note to his vendor, bearing date the 14th January, 1889, a…
2Cases cited12 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Burt v. CassetySupreme Court of Alabama · 1848
- Brunson v. BrooksSupreme Court of Alabama · 1880
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3Cited by5 opinions
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