Smith v. Rhodes
Supreme Court of Alabama
Appeal from Circuit Court, Butler County; A. E. Gamble, Judge. Bill by Celia Smith and others against E. M. Rhodes and others, in which a cross-bill was filed. Erom a decree overruling demurrers to the cross-bill, complainants appeal.
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Appeal from Circuit Court, Butler County; A. E. Gamble, Judge. Bill by Celia Smith and others against E. M. Rhodes and others, in which a cross-bill was filed. Erom a decree overruling demurrers to the cross-bill, complainants appeal. The cross-bill was multifarious. 147 Ala. 239, 41 South. 474; 149 Ala. 71, 43 South. 352; 182 Ala. 266, 62 South. 96. The cross-bill introduces a change of parties. 165 Ala. 189, 51 South. 757; 104 Ala. 599, 16 South. 527; sections 3129, 3130, Code 1907; 132 Ala. 148, 31 South. 469. Brief of counsel did not reach the Reporter.
1Opinion of the CourtSayre, J.
Complainants, Celia Smith and others, heirs at law of Frank Roberts, deceased, filed this bill under the statute to quiet their alleged title (Code, § 5443 et seq.) to the west half of the west half of section 26, township 7, range 12, in Butler county. Defendant Rhodes in his answer, which he •made a cross-bill under the statute (Code, § 311S), conceded complainants’ title to the northwest quarter of the northwest quarter of the section, but denied that they had any right, title, or interest in the west half of the southwest quarter or the southwest quarter of the northwest quarter of the…
2Cases cited8 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Sloss-Sheffield S. & I. Co. v. LollarSupreme Court of Alabama · 1910
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Sanders v. Cassady & BlackwellSupreme Court of Alabama · 1888
- Inter-State Building & Loan Ass'n v. StocksSupreme Court of Alabama · 1899
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3Cited by17 opinions
- Herren v. BeckSupreme Court of Alabama · 1935
- Bell v. PropstSupreme Court of Alabama · 1930
- Burdett v. RossiterSupreme Court of Alabama · 1930
- Emens v. StephensSupreme Court of Alabama · 1937
- Ingram v. People's Finance Thrift Co. of AlabamaSupreme Court of Alabama · 1933
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