Borst v. Simpson
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 27th June, 1889, by Mrs. Mattie O. Simpson, the wife of R. T. Simpson, against J. W. Borst and 8. J. Graham; and sought the cancellation of a conveyance which the complainant and her husband had executed to the defendants, as a cloud on the complainant’s title to the lands.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 27th June, 1889, by Mrs. Mattie O. Simpson, the wife of R. T. Simpson, against J. W. Borst and 8. J. Graham; and sought the cancellation of a conveyance which the complainant and her husband had executed to the defendants, as a cloud on the complainant’s title to the lands. Borst, who alone defended the suit, filed a demurrer to the bill; and the decree overruling his demurrer is here assigned as error. The material facts are stated in the opinion of the court.
1Opinion of the CourtClopton, J.
The appeal is taken from a decree overruling a demurrer to the bill, by which appellee seeks to obtain the delivery and cancellation of a conveyance of lands, made by herself and husband to appellants, November 15, 1888. The language of the deed is: “For and in consideratinn of the sum of one dollar cash in hand paid, the receipt whereof is hereby acknowledged, we, S. T. Simpson and Mattie C. Simpson, of Lauderdale county, Ala., have granted, bargained and *375sold, and by these presents do grant, bargain and sell, unto J. W. Borst and S. J. Graham, the following, lands in Lauder-dale county,…
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