Smith v. Gilmer
Supreme Court of Alabama
Bill in Equity for Cancellation of Deed as Cloud o?i Title, and Equitable Belief against Sale of Land for Taxes. Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington.
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Bill in Equity for Cancellation of Deed as Cloud o?i Title, and Equitable Belief against Sale of Land for Taxes. Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 3d October, 1889, by Lewis Gilmer, against Burke Miller, Melinda Walker, and Pauline M. Smith; and sought (1) to compel said Miller to ■execute to complainant a deed for a small lot in Montgomery; (2) to cancel a deed for said lot which said Miller had executed to said Melinda Walker, as a cloud on complainant’s title; and (3) to cancel, or remove as…
1Opinion of the CourtClopton, J.
— The appeal is taken from a decree overruling the motion of appellant to dismiss the bill as to her, for want of equity, and also the several grounds of demurrer interposed by her. The bill is filed by appellee against Burke Miller, Melinda Walker, and appellant. Its purposes are twofold — to compel Miller to execute to complainant a conveyance of the land in controversy, and to remove a cloud from the title created by a deed made by Miller to Melinda Walker, and a right or title claimed by appellant under some tax proceeding. As the bill does not aver that appellant traced title from, or…
2Cases cited2 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Caldwell v. LawlerSupreme Court of Alabama · 1881
3Cited by4 opinions
- King v. ArtmanSupreme Court of Alabama · 1932
- Hughey v. WinborneSupreme Court of Florida · 1902
- Dailey v. KoeppleSupreme Court of Alabama · 1909
- McJones v. FusterDistrict Court, D. Puerto Rico · 1919