Fowler v. Alabama Iron & Steel Co.
Supreme Court of Alabama
Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by tbe Alabama Iron & Steel Company againsl Samuel O. Fowler to enjoin an ejectment suit, and to decree title to certain lands. From a decree overruling demurrers to tbe bill respondent appeals.
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Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by tbe Alabama Iron & Steel Company againsl Samuel O. Fowler to enjoin an ejectment suit, and to decree title to certain lands. From a decree overruling demurrers to tbe bill respondent appeals. Tbe relief sought is barred by laches. — 16 Cyc.. 180; Sternes v. Page, 7 How. 828. Under tbe averments of tbe bill it. will be presumed that tbe conveyances were without consideration and there is no question of bona fide purchaser involved. ' The bill fails to allege the facts sufficient to excuse the apparent laches. — 22…
1Opinion of the CourtSayre, J.
Appellant having in July, 1907, sued appellee in ejectment for the recovery of “the following-tract of land, the mineral interest and mining rights in and to” the tract described in the complaint, the appellee filed the bill in this case to enjoin that suit and to have its ownership of the land decreed. The decree of *417the chancellor overruling a demurrer to the bill is brought here for review.
The facts, some of which are averred in an alternative way, are peculiar, and may be fairly'stated, for the purpose of the consideration of the main question raised by this appeal, as follows: In the year…
2Cases cited16 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Felix v. PatrickSupreme Court of the United States · 1892
- Stearns v. PageSupreme Court of the United States · 1849
- Goodman v. WinterSupreme Court of Alabama · 1879
- Robinson v. PierceSupreme Court of Alabama · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- Patterson v. WeaverSupreme Court of Alabama · 1927
49 more not listed; retrieve them via the Exa API.