Worthington v. Miller
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. Chas. A. Sidnn. The bill was filed by Mrs. E. E. Miller agajnst Mrs. C. Worthington and W. H. Worthington to set aside a sheriff’s deed' made to said Mrs. O. Worthington, conYeying to her the property of W. H. Worthington.
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. Chas. A. Sidnn. The bill was filed by Mrs. E. E. Miller agajnst Mrs. C. Worthington and W. H. Worthington to set aside a sheriff’s deed' made to said Mrs. O. Worthington, conYeying to her the property of W. H. Worthington. The bill alleges that on the 19th of April, 1895, and for a long time prior thereto., the firm of Rosenstihl Bros., composed of William and John Rosenstihl, were creditors of W. H. Worthington in the sum of two hundred and fifty-nine and 44-100 dollars; that the debt had been due for a long time,…
1Opinion of the Court
DOWDELL, J. — The
bill in this case was filed for the purpose] of removing cloud from complainant’s title. The general rule in such cases is, and one too> well set-tied by the adjudications of itlhis court to admit of question, that a party out of possession cannot maintain the bill. — Plant et al. v. Barclay, 56 Ala. 561; Smith v. Cockrell, 66 Ala. 64; Griggs v. Swindall, 67 Ala. 187; Pettus v. Glover, 68 Ala. 417; Betts v. Nichols, 84 Ala. 278; Teague v. Martin, 87 Ala, 500. There are, however, exceptions to this rule, one of which being that a bill filed by a remainderman pending the…
2Cases cited8 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Plant v. BarclaySupreme Court of Alabama · 1876
- Howard v. CoreySupreme Court of Alabama · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Wood v. EstesSupreme Court of Alabama · 1932
- Sellers v. ValenzuelaSupreme Court of Alabama · 1947
- Davis v. AndersonSupreme Court of Alabama · 1929
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