Shipman v. Furniss
Supreme Court of Alabama
Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. The facts are stated in the opinion. (1). The jurisdiction of the court in this case can not be maintained on the ground of removing a cloud from the title, because it is averred, proven, and admitted that the complainant was not in'possession. — Arnett v. Bailey, 60 Ala. 438; Jones v. Be Graffenreid, lb. 151. (2). There is no such averment of fraud as will confer jurisdiction.
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Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. The facts are stated in the opinion. (1). The jurisdiction of the court in this case can not be maintained on the ground of removing a cloud from the title, because it is averred, proven, and admitted that the complainant was not in'possession. — Arnett v. Bailey, 60 Ala. 438; Jones v. Be Graffenreid, lb. 151. (2). There is no such averment of fraud as will confer jurisdiction. The fraud, duress, conspiracy and undue influence charged, are alleged to have procured the signing of a deed, which the bill itself, in substance…
1Opinion of the CourtSomeryille, J.
The bill in this cause was filed by the appellee, as contingent remainderman, under the will of her grandfather, Joel E. Mathews, Sr., deceased, for the purpose of setting aside a deed of gift, to certain lands executed by Joel E. Mathews, Jr., the son of Joel E. Mathews, Sr., to one Kenney, as trustee for Mary A. Shipman, alias Mathews, on the alleged ground of fraud and undue influence, averred to have been used in procuring its execution. It is sought to have the deed can-celled as a cloud on the appellee’s title.
The salient facts of the case may be succinctly stated as fol*561lows: Mary A.…
2Cases cited11 opinions
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Daniel v. HillSupreme Court of Alabama · 1875
- Micou v. AshurstSupreme Court of Alabama · 1876
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Jennings v. McConnelIllinois Supreme Court · 1855
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3Cited by73 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Ross v. ParksSupreme Court of Alabama · 1890
- Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Lyons v. CampbellSupreme Court of Alabama · 1889
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