Harton v. Enslen
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by H. M. Hartón against E. F. Enslen and others, to enjoin an execution sale of land, and to declare a trust therein in favor of complainant. From a decree sustaining demurrers to the bill complainant appeals. The court erred in sustaining demurrers to the bill, as the parties can be placed in statu quo and complete justice be administered by setting aside the execution sale.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by H. M. Hartón against E. F. Enslen and others, to enjoin an execution sale of land, and to declare a trust therein in favor of complainant. From a decree sustaining demurrers to the bill complainant appeals. The court erred in sustaining demurrers to the bill, as the parties can be placed in statu quo and complete justice be administered by setting aside the execution sale. Hence, complainant is not guilty of laches in the filing of his bill. — Henderson v. Sublett, 21 Ala. 626; Lankford v. Jackson, 21 Ala. 650; Ray…
1Opinion of the CourtMcCLELLAN, J.
-The general nature and purpose of this bill exhibited by H. M. Hartón (appellant) against E. F. Enslen and others may be found stated in the report of the former appeal. — 176 Ala. 77, 57 South. 723. After affirmance the bill was amended, and by decree of June 18, 1912, demurrers thereto were sustained. It is from this decree the present appeal is prosecuted.
The complainant appears on the face of the bill to be without interest in or right to the land in question, unless he obtained an interest or right thereto through the quitclaim deed from W. E. Martin, whose sole means for acquiring an…
2Cases cited4 opinions
- Griswold v. GriswoldSupreme Court of Alabama · 1906
- McKinnon v. MixonSupreme Court of Alabama · 1900
- Crebs v. FowlerSupreme Court of Alabama · 1906
- Harton v. EnslenSupreme Court of Alabama · 1912
3Cited by8 opinions
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
- Drennen v. WhiteSupreme Court of Alabama · 1915
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Town of Elba v. CooperSupreme Court of Alabama · 1922
- Thomas v. RogersSupreme Court of Alabama · 1951
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