Forman v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County; Robert I. Jones, Judge. Suit by O. C. Thomas against Charles For-man and another. From a decree overruling demurrers to the bill, respondent Forman appeals. The bill of complaint in this cause was filed by appellee (C. C. Thomas) against Charles Forman and Gertrude Taylor for the purpose of removing a cloud from the title to certain lands, therein described, situated in Marengo county.
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Appeal from Circuit Court, Marengo County; Robert I. Jones, Judge. Suit by O. C. Thomas against Charles For-man and another. From a decree overruling demurrers to the bill, respondent Forman appeals. The bill of complaint in this cause was filed by appellee (C. C. Thomas) against Charles Forman and Gertrude Taylor for the purpose of removing a cloud from the title to certain lands, therein described, situated in Marengo county. In substance, the bill charges: That on and prior to September 9, 1916, the complainant (appellee) was the owner of the lands involved in this suit, and was in…
1Opinion of the Court
GARDNER. X
[1] The Dill in this case is filed to remove a cloud on complainant’s title to certain lands therein described, and we are of the opinion that it sufficiently shows the possession of complainant at the time the same was filed. The bill does not show that the complainant had received anything of ' value, and therefore there is no room for the application of the principle that one coming into equity, to avoid and have canceled a deed upon the ground of its imperfect execution as a conveyance of the homestead, will, as a condition to equitable interference, be required to refund,…
2Cases cited8 opinions
- Allen v. WithrowSupreme Court of the United States · 1884
- Pence v. ArbuckleSupreme Court of Minnesota · 1876
- Barden v. GraceSupreme Court of Alabama · 1910
- Walker v. BakerSupreme Court of Alabama · 1917
- Loxley v. DouglasSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sumners v. JordanSupreme Court of Alabama · 1930
- Hammock v. OakleySupreme Court of Alabama · 1934
- Casey v. KrumpSupreme Court of Alabama · 1955
- Becker Roofing Co. v. Farmers' & Merchants' BankSupreme Court of Alabama · 1931
- Sumners v. JordanSupreme Court of Alabama · 1930
1 more not listed; retrieve them via the Exa API.