Patterson v. Simpson
Supreme Court of Alabama
Appeal from Coosa Chancery Court. Heard before Hon. R. B. Kelly. This is a bill filed by L. A. Simpson against H. A. Patterson, the nature of which is sufficiently stated in the opinion. The facts are also sufficiently stated in the opinion. .From a decree for complainant the respondent appeals.
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Appeal from Coosa Chancery Court. Heard before Hon. R. B. Kelly. This is a bill filed by L. A. Simpson against H. A. Patterson, the nature of which is sufficiently stated in the opinion. The facts are also sufficiently stated in the opinion. .From a decree for complainant the respondent appeals. The complainant was out of the possession of the land at the time of the filing of the bill and. she cannot maintain the bill for removing a cloud' on her 'title while out of possession. — Brown y. Hunter, 121 Ala. 210; Wilherson v. Wilherson, 129 Ala. 279; Calloway v. Hendon, 131 Ala. 280; Morgan v.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by appellee (complainant), seeking to have a deed which had been executed by complainant to one J. E. .Jacobs declared to be a. mortgage, and to have the same delivered up and canceled, on the ground that it was merely an attempt to secure the debt of complainant’s husband. Said appellant (Patterson), it is alleged, purchased the said property from said Jacobs with full notice of.the true facts of the original transaction.
It appears without controversy that the complainant was not, at the time of the filing of the . bill, in possession of the land in question,…
2Cases cited10 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- Lansden v. BoneSupreme Court of Alabama · 1890
- Baines v. BarnesSupreme Court of Alabama · 1879
- Brown v. HunterSupreme Court of Alabama · 1898
- Daniel v. StewartSupreme Court of Alabama · 1876
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3Cited by4 opinions
- Lampkin v. StrawbridgeSupreme Court of Alabama · 1942
- Harris v. JonesSupreme Court of Alabama · 1915
- People's Bank v. BarrettSupreme Court of Alabama · 1929
- Frazier v. EspallaSupreme Court of Alabama · 1928