Mitchell v. Baldwin
Supreme Court of Alabama
Appeal from Bullock Chancery Court. Heard before Hon. W. L. Parks. Bill by Fannie Charles Mitchell and others against Mary Ellen Baldwin and others to declare certain deeds void and to cancel the same as cloud upon title. From a decree dismissing the bill, complainants appeal.
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Appeal from Bullock Chancery Court. Heard before Hon. W. L. Parks. Bill by Fannie Charles Mitchell and others against Mary Ellen Baldwin and others to declare certain deeds void and to cancel the same as cloud upon title. From a decree dismissing the bill, complainants appeal. The bill alleges that Mrs. Elizabeth Mitchell died in January, 1904, leaving surviving her the appellants as her only heirs at law, and leaving also a husband, White Mitchell, who is made a party defendant to the bill; that Mrs. Mitchell during her lifetime was the owner in fee of the lands described; that in 1889 she…
1Opinion of the CourtDowdell, J.
The bill avers that Elizabeth Mitchell, the ancestor of the complainants, was insane at the time of the execution by her of the deeds mentioned to Baldwin, and that the said deeds were and are for that *349reason absolutely void. This is also the contention of appellants’ counsel in brief and argument, citing in support of the contention Dougherty v. Powe, 127 Ala. 577, 30 South. 524, and Wilkinson v. Wilkinson, 129 Ala. 279, 30 South. 578. This contention is sound. The act approved March 2, 1901 (Loc. Laws 1900-01, p. 1943), “to better protect bona fide purchasers of real estate froni insane…
2Cases cited18 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Washington v. NorwoodSupreme Court of Alabama · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Coburn v. CokeSupreme Court of Alabama · 1915
- Fies v. RosserSupreme Court of Alabama · 1909
- Sumners v. JordanSupreme Court of Alabama · 1930
- St. Clair Springs Hotel Co. v. BalcombSupreme Court of Alabama · 1926
- Alexander v. LivingstonSupreme Court of Alabama · 1921
16 more not listed; retrieve them via the Exa API.