Gilchrist v. Shackelford
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. Tire bill in this case was filed on the 11th April, 18Y8, by Philip P. Gilchrist, against E. P. Shackelford, as the administrator de bonis non of the estate of Jolm J. McMahon, deceased, and the several heirs at law of said decedent; and sought to enjoin an action at law, which said administrator had brought against the complainant to recover the possession of a tract of land, and to compel a…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. Tire bill in this case was filed on the 11th April, 18Y8, by Philip P. Gilchrist, against E. P. Shackelford, as the administrator de bonis non of the estate of Jolm J. McMahon, deceased, and the several heirs at law of said decedent; and sought to enjoin an action at law, which said administrator had brought against the complainant to recover the possession of a tract of land, and to compel a conveyance of the legal title to the land by the said heirs. The land was described in the bill, and in the complaint in…
1Opinion of the CourtStone, J.
The present bill was filed to enjoin an action of ejectment, and to obtain title to lands, in the nature of an application for specific performance. It rests on two distinct claims; first, purchase at tax-sale, and title derived thereunder. If Gilchrist'acquired any title under that purchase and conveyance, it was and is purely legal, and can not aid the equity ■of the present bill.' But neither the averments nor proofs of that sale and conveyance are sufficient to effect a devestiture of title for non-payment of taxes.—Oliver v. Robinson, 58 Ala. 46.
The main ground of relief is the alleged…
2Cases cited9 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Bland v. BowieSupreme Court of Alabama · 1875
- Robertson v. BradfordSupreme Court of Alabama · 1881
- Bell v. CraigSupreme Court of Alabama · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kornegay v. MayerSupreme Court of Alabama · 1902
- Wise v. StateSupreme Court of Alabama · 1922
- Hubermann v. EvansNebraska Supreme Court · 1896
- Henley v. JohnstonSupreme Court of Alabama · 1902
- Moore v. CottinghamSupreme Court of Alabama · 1896