Sheffield Land, Iron & Coal Co. v. Neill
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 22d December, 1886, by the appellant corporation, against William M. Neill; and prayed the rescission of a contract for the sale of several town lots in Sheffield, and the cancellation of the appellant’s conveyance to the defendant, as a cloud on the title, it having been recorded by mistake as alleged.
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 22d December, 1886, by the appellant corporation, against William M. Neill; and prayed the rescission of a contract for the sale of several town lots in Sheffield, and the cancellation of the appellant’s conveyance to the defendant, as a cloud on the title, it having been recorded by mistake as alleged. The chancellor sustained a demurrer to the bill, and his decree is here assigned as error. The opinion states the material facts. cited Alexander v. Alexander, 71 Ala. 298;…
1Opinion of the CourtSomerville, J.
The present case is argued by appellant’s. counsel mainly upon the theory, that the case made by the bill is one for a mere cancellation of a deed to appellee Neill, delivered to the probate judge by mistake, and duly recorded by him on the book of records for deeds; said deed purporting to convey to the grantee certain urban lots in the town of Sheffield, and being alleged to be a cloud on the title of the complainant. A close analysis of the allegations of the bill, however, taken in connection with its prayer, shows that its true scope and purpose are to rescind a sale of land which may be…
2Cases cited3 opinions
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- Alexander v. AlexanderSupreme Court of Alabama · 1882
3Cited by15 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Schneider v. SellersTexas Supreme Court · 1905
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Isom v. JohnsonSupreme Court of Alabama · 1920
- Lewis v. WatsonSupreme Court of Alabama · 1893
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