Rice v. Davidson
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge.. Suit by J. Henry Davidson against W. B. Rice and others to temporarily enjoin trespass upon land until a suit to try title can be settled and determined. Prom a decree overruling the motion to dissolve the temporary injunction, respondents appeal. The court erred in overruling demurrers to the bill. 4 May. Dig. 502, and authorities there cited.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge.. Suit by J. Henry Davidson against W. B. Rice and others to temporarily enjoin trespass upon land until a suit to try title can be settled and determined. Prom a decree overruling the motion to dissolve the temporary injunction, respondents appeal. The court erred in overruling demurrers to the bill. 4 May. Dig. 502, and authorities there cited. The court erred in overruling the motion to dissolve the temporary injunction. Section 4526, Code 1907; 138 Ala. 185, 35 South. 48; 138 Ala. 148, 35 South. 113; 138 Ala. 221, 34…
1Opinion of the CourtThomas, J.
The suit was to restrain a trespass on lands, the subject of a pending bill in equity to quiet title filed by the complainant in possession, when “no suit was then pending in any court to enforce or test the validity of said title or claim or encumbrance.” Appellants’ solicitors say of the bill that it was for injunction in aid of a pending suit to quiet title to the land, and further that the affidavits submitted and the negative answers of respondent (appellee) show that appellant “was never in peaceable possession of the land in question.” The right of recovery in the pending suit ho quiet…
2Cases cited48 opinions
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Fredericks v. HuberSupreme Court of Pennsylvania · 1897
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
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