Fowler v. Alabama Iron & Steel Co.
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whitesides. Bill by the Alabama Iron & Steel Company to quiet title to land, and for an injunction. Decree for complainant and respondent appeals.
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Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whitesides. Bill by the Alabama Iron & Steel Company to quiet title to land, and for an injunction. Decree for complainant and respondent appeals. The original bill of complaint shows that complainant acquired the mineral interests on July 5, 1900, in certain lands from one J. M. Elliott; thijit said Elliott acquired the same interest on June 4, 1900, from one Crawford; that said Crawford acquired it on July 3, 1882, from one Beers; and that Beers acquired it on June 28, 1882, from Samuel T. Fowler. The bill shows, .also, that Samuel…
1Opinion of the CourtSomerville, J.
On a former appeal in this case it was held that the facts recited in the bill show that the respondent, Samuel O. Fowler, became, by virtue of the deed executed to him, a trustee ex maleficio for the grantees of Samuel T. Fowler, including the complainant.—Fowler v. Ala. I. & S. Co., 164 Ala. 414, 51. South. 393. But it was also further held that, as the bill was filed more than 20 years after the initiation of the trust, the complainant was bound to affirmatively show a sufficient excuse for his long delay in the enforcement of his rights.
The amendment is designed to- supply the omission…
2Cases cited6 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Edwards v. BenderSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hartley v. FrederickSupreme Court of Alabama · 1915