Miller v. Thompson
Supreme Court of Alabama
Appeal from Circuit Court, Etowah. County; O. A. Steel, Judge. ' Bill by John Henry Thompson against R. L. Miller, and others, to quiet and remove cloud from title of complainant. From a decree granting relief, respondents appeal. Bill by appellee against appellants, to remove cloud and quiet title. From tbe decree overruling the demurrer to the bill, respondents prosecute this appeal.
Read the full summary
Appeal from Circuit Court, Etowah. County; O. A. Steel, Judge. ' Bill by John Henry Thompson against R. L. Miller, and others, to quiet and remove cloud from title of complainant. From a decree granting relief, respondents appeal. Bill by appellee against appellants, to remove cloud and quiet title. From tbe decree overruling the demurrer to the bill, respondents prosecute this appeal. The bill as amended in substance alleges that complainant is a nephew of one James Miller, who died in June, 1899, a resident of Etowah county, occupying at the time of his death 126 acres of land as a…
1Opinion of the CourtGardner, J.
A branch of this litigation concerning the property here in controversy has previously been before this court (Thompson v. Miller, 204 Ala. 592, 85 South. 689), but we do not consider that the question there determined has any important bearing upon this appeal.
[1] This bill is by a remainderman to' remove cloud and quiet the title to the lands therein described. His right to possession or any action for the recovery thereof is postponed until the termination of the outstanding life estate, and that he may maintain a bill, although out of possession, for a removal of the cloud upon his title…
2Cases cited11 opinions
- Winters v. PowellSupreme Court of Alabama · 1912
- Tartt v. NegusSupreme Court of Alabama · 1899
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Chavers v. MayoSupreme Court of Alabama · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Bodeker v. TutwilerSupreme Court of Alabama · 1924
- Hughuley v. BurneySupreme Court of Alabama · 1924