Porter v. Wheeler
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on December 31, 1889, by the appellant, S. J. Porter, against Joseph Wheeler, individually, and as the administrator of the estate of Thomas H. Jones, deceased, and Ella Wheeler, the wife of Joseph Wheeler ; and prayed to have the title of complainant to certain described lands quieted, and a mortgage which was held by Thomas H. Jones during his life time upon…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on December 31, 1889, by the appellant, S. J. Porter, against Joseph Wheeler, individually, and as the administrator of the estate of Thomas H. Jones, deceased, and Ella Wheeler, the wife of Joseph Wheeler ; and prayed to have the title of complainant to certain described lands quieted, and a mortgage which was held by Thomas H. Jones during his life time upon certain described lands cancelled as a cloud upon complainant’s title to said lands. The bill averred that on September 27,…
1Opinion of the CourtBrickell, C. J.
The general rule upon which the appellant relies, is well settled. When one knowingly suffers another, in his presence, to purchase property to which he has a claim or title, which he conceals, or as to which he is silent, he is deemed to waive the claim, and will not afterwards be permitted to assert it to the prejudice of the purchaser or his privies. There is, however, no aspect of this case, in which the rule can be applied with reason or justice. The. mortgage incumbering the lands, and which it is the object of the bill to remove as a cloud on the title of the appellant, at and prior to…
2Cases cited7 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Brinckerhoff v. LansingNew York Court of Chancery · 1819
- Rector v. Board of ImprovementSupreme Court of Arkansas · 1887
- Steele v. AdamsSupreme Court of Alabama · 1852
- Powell v. WilliamsSupreme Court of Alabama · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
- Benedict v. LittleSupreme Court of Alabama · 1972
- Morris v. SartainSupreme Court of Alabama · 1932
7 more not listed; retrieve them via the Exa API.