White v. Cotner
Supreme Court of Alabama
Appeal from Monroe Cliancery Court, Heard before Hon. Thomas H. Smith. Bill by Chester G. White and others against William H. Cotner, to qniet title to land. From a decree sustaining demurrer to the bill complainant appeals.
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Appeal from Monroe Cliancery Court, Heard before Hon. Thomas H. Smith. Bill by Chester G. White and others against William H. Cotner, to qniet title to land. From a decree sustaining demurrer to the bill complainant appeals. Cotner was a necessary party. — Teal v. Chancellor, 117 Ala. 612; Jtensford v. Magnus & Co-., 150 Ala. 288. The bill is unlike the one in Slosson v. McNulty, 125 Ala. 124. In this case there is a connected interest as respects the subject-matter of the suit. — Ranclall v. Boyd, 73 Ala. 282; Bohlman v. Lohman, 74 Ala. 507; Howard v. Corey, 126 Ala. 288. No brief came to…
1Opinion of the CourtSayre, J.
Appellants filed their bill under the statute against W. H. Cotner and 11 others to quiet their title to an 80-acre tract of land, which is appropriately described according to the government survey. The averment of the bill in respect to the interest of the defendant is “that the respondents claim or are reputed to claim some interest in or to said lands above *326described, or to bold some lien or incumbrance thereon.” The defendants interposed their joint demurrer. The sole ground upon which the chancellor sustained this demurrer was thus stated in the record: “There .is a misjoinder of…
2Cases cited2 opinions
- Randle v. DaughdrillSupreme Court of Alabama · 1904
- Slosson v. McNultySupreme Court of Alabama · 1899
3Cited by8 opinions
- Central of Georgia Railroad v. RouseSupreme Court of Alabama · 1912
- Carr v. MooreSupreme Court of Alabama · 1919
- Cooper v. W. P. Brown & Sons Lumber Co.Supreme Court of Alabama · 1926
- Adams v. WoodsSupreme Court of Alabama · 1955
- City of Montgomery v. BrownSupreme Court of Alabama · 1969
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