Bell v. Burkhalter
Supreme Court of Alabama
Appeal from Pickens Chancery Court. Bill by Judy Burkhalter and others against A. E. Bell, to declare a deed void and for removal as cloud on title. For a further statement of the bill see Bell v. Burkhalter, 176 Ala. 62; 57 South. 460. From a decree for complainant, respondent appeals. The bill contained a blank and the motion to strike should have been granted. — Buie 10, Oh. Ct. Pr.
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Appeal from Pickens Chancery Court. Bill by Judy Burkhalter and others against A. E. Bell, to declare a deed void and for removal as cloud on title. For a further statement of the bill see Bell v. Burkhalter, 176 Ala. 62; 57 South. 460. From a decree for complainant, respondent appeals. The bill contained a blank and the motion to strike should have been granted. — Buie 10, Oh. Ct. Pr. The respondent’s demurrer to the amended bill of complaint should have been overruled — Tillman v. Thomas, 87 Ala. 321; Sec. 4499, Code 1907; Hays v. Bowdoin, 159 Ala. 600. The averments of the bill show that…
1Opinion of the CourtMcCLELLAN, J.
— The statement of and consideration given this cause on former appeal may be found in 57 South. 460. The applicable substantive law sustaining the complainant’s right will not be reiterated. After the return of the cause to the court below the bill was amended by the incorporation therein of averments leading to the partition of the land or its sale for division. Demurrers were sustained to the bill as it then stood. Subsequently the bill was amended by the substitution of the present bill, which is, as at first and as stated in 176 Ala. 62, 57 South. 460, a bill to cancel certain…
2Cases cited3 opinions
- Bell v. BurkhalterSupreme Court of Alabama · 1912
- Hays v. BowdoinSupreme Court of Alabama · 1909
- Germain v. SheehanSupreme Court of Minnesota · 1879
3Cited by4 opinions
- Upshaw v. EubankSupreme Court of Alabama · 1933
- Martin v. BainesSupreme Court of Alabama · 1928
- Wyrosdick v. Age-Herald Pub. Co.Supreme Court of Alabama · 1928
- Flippo v. PopeSupreme Court of Alabama · 2002