Echols v. Hubbard
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 8th March, 1888, by Felicia C. Hubbard, an infant suing by her next friend, against Wm.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 8th March, 1888, by Felicia C. Hubbard, an infant suing by her next friend, against Wm. H. Echols and his wife; and sought (1) to establish and quiet the complainant’s title to a small strip of land, of which she claimed to be in possession; (2) to enjoin the defendants from erecting a fence, or otherwise trespassing on it; and (3) to remove a cloud on her title by an alleged misdescription of land in the deed under which the defendants claimed. The strip of land was about 110…
1Opinion of the CourtMcOLELLAN, J.
Jurisdiction to remove a cloud from title is exercised by courts of chancery only in default of a remedy at law by which the question of the superiority of apparently conflicting titles may be tried and set at rest. The right to resort to equity arises only when, and for the reason that, the complainant is so situated with respect to the possession, or his rights so depend upon an equitable title, as that he can not invoke the judgment of a court of law. If he is in possession of the land, as to which his title is under a. cloud, he must resort to equity, since the only legal actions in which…
2Cases cited18 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Moody v. HolcombTexas Supreme Court · 1863
- Standifer v. SwannSupreme Court of Alabama · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Adler v. SullivanSupreme Court of Alabama · 1896
- Miller v. GastonSupreme Court of Alabama · 1925
- Bolling v. FanninSupreme Court of Alabama · 1892
- Trufant v. White & Co.Supreme Court of Alabama · 1892
14 more not listed; retrieve them via the Exa API.