Garrett v. Lyle
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. W. W. MasoN. This bill was filed by Thomas G. Lyle agaiust John Garrett, Bartholomew B. Moore, Allen McWalker, and the heirs-at-law of William Vann, deceased; and its object was, to obtain a divestiture of the legal title to a certain tract of land, and a perpetual injunction of an action at law instituted for its recovery.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. W. W. MasoN. This bill was filed by Thomas G. Lyle agaiust John Garrett, Bartholomew B. Moore, Allen McWalker, and the heirs-at-law of William Vann, deceased; and its object was, to obtain a divestiture of the legal title to a certain tract of land, and a perpetual injunction of an action at law instituted for its recovery. It alleges, that the said tract of land was allotted and set apart, under the treaty between the United States and the Creek Indians, to an Indian woman by the name of Sally, as her reservation, and she was…
1Opinion of the CourtGoldthwaite, J.
We do not consider it at all necessary to investigate the validity of the proceedings of the Orphans’ Court in relation to the sale of the land, for the reason, *590that Moore and G-arrett, from the position which they occupy, cannot be allowed to question their correctness. We do not deny, that in equity, as well as at law, the plaintiff must recover on the strength of his own title ; but because this is the rule, it does not follow that he must show a good title against all the world. . It is enough that he shows a right to recover against the defendant: and there are many cases in which he has…
2Cases cited2 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Drane v. Gregory's HeirsCourt of Appeals of Kentucky · 1843
3Cited by9 opinions
- Webb v. ButlerSupreme Court of Alabama · 1915
- Pepper & Co. v. GeorgeSupreme Court of Alabama · 1874
- Higdon v. KennemerSupreme Court of Alabama · 1897
- School District No. 82 v. TaylorSupreme Court of Kansas · 1877
- Munn v. AcheySupreme Court of Alabama · 1895
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