Dailey v. Koepple
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Ormond Somerville, Special Judge. Bill by William A. Koepple against John E. Dailey to enjoin an ejectment suit and for other relief.
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Appeal from Tuscaloosa County Court. Heard before Hon. Ormond Somerville, Special Judge. Bill by William A. Koepple against John E. Dailey to enjoin an ejectment suit and for other relief. Decree for complainant and respondent appeals. —The record shows that a motion to dismiss was made and insisted upon, and that the bill is without equity, hence, it will be dismissed on final hearing, even if not raised before. — J ackson v. King, 119 Ala. 320. Such a bill may be dismissed ex mero moto. — 119 Ala. 321; Bryant v. Peters, 3 Ala. 167. Under rule 75, Ch. Pr. the motion to dismiss and the…
1Opinion of the CourtDenson, J.
The purpose of this bill is to enjoin the prosecution of a statutory action of ejectment brought by the respondent against a. tenant of the complainant in possession of the lands sued for at the commencement of the action, and to have a deed, through which it is alleged that the respondent immedi*319ately claims title to the lands, declared void as being a forgery, and to have the deed removed as a cloud on the complainant’s title. The' respondent filed a motion to dismiss the bill, and also demurred to it on the ground that it showed on its face that the complainant had a complete and adequate…
2Cases cited5 opinions
- Gardner v. KnightSupreme Court of Alabama · 1899
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Wilson v. MillerSupreme Court of Alabama · 1904
- Jackson v. KnoxSupreme Court of Alabama · 1898
- Hudson v. JacksonSupreme Court of Alabama · 1905
3Cited by12 opinions
- Birmingham Interurban Taxicab Service Corp. v. McLendonSupreme Court of Alabama · 1923
- Howle South Creamery v. Alabama State Milk Control BoardSupreme Court of Alabama · 1956
- Caudle v. CottonSupreme Court of Alabama · 1937
- Premier Industrial Corporation v. MarlowSupreme Court of Alabama · 1974
- Lampkin v. StrawbridgeSupreme Court of Alabama · 1942
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