Belcher v. Scruggs
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham, in Equity. Heard before the Hon. Oiías. A. Sexn. The bill in this case was filed by appellants to remove a cloud from the title of the complainants to the land described in the bill, by cancelling a deed made by them and others to Henry F. DeBardeleben and also the deed of those holding under the latter, on the ground that the deed first mentioned -was not signed by them, or by their authority.
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Appeal from tbe City Court of Birmingham, in Equity. Heard before the Hon. Oiías. A. Sexn. The bill in this case was filed by appellants to remove a cloud from the title of the complainants to the land described in the bill, by cancelling a deed made by them and others to Henry F. DeBardeleben and also the deed of those holding under the latter, on the ground that the deed first mentioned -was not signed by them, or by their authority. Complainants allege that they constitute in part the dependents of one Thomas Graham, who died about thirty years ago, owning the land in question and that…
1Opinion of the CourtTyson, J.
The bill in this cause was filed by a number of complainants as heirs at law of one Thomas Graham, deceased, who died more than ten years ago. The purpose of the bill is to cancel several deeds as a cloud upon the title of the complainants to a certain tract of land described in the bill and in the deeds. There is no averment that the complainants were in possession of the land prior to and at the time of the filing of the bill. So far as its allegations show, they have a complete and adequate remedy at law. Without this averment, it is wholly without equity, there being no special equity…
2Cases cited4 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Cameron v. AbbottSupreme Court of Alabama · 1857
- Thorington v. City Council of MontgomerySupreme Court of Alabama · 1886
- Copeland v. KehoeSupreme Court of Alabama · 1876
3Cited by5 opinions
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
- Tarwater v. GoingSupreme Court of Alabama · 1903
- Newell v. ManleySupreme Court of Alabama · 1911
- Elledge v. FunkeSupreme Court of Alabama · 1919
- Garrett v. BrewtonSupreme Court of Alabama · 1946