Parker v. Boutwell & Son
Supreme Court of Alabama
Appeal from Pike Chancery Court. Tried before Hon. Jere N. Williams. The respondent demurred to the bill on the grounds that it is multifarious and without equity; and moved to dismiss the bill for want of equity. The chancellor rendered a decree sustaining the demurrer, granting the motion, and dismissing the bill. Prom this decree complainant appeals.
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Appeal from Pike Chancery Court. Tried before Hon. Jere N. Williams. The respondent demurred to the bill on the grounds that it is multifarious and without equity; and moved to dismiss the bill for want of equity. The chancellor rendered a decree sustaining the demurrer, granting the motion, and dismissing the bill. Prom this decree complainant appeals. All the material averments of the bill and prayer for relief are set out in the opinion. — While the deed is void as a muniment of title, it was sufficient to pass a lien for the taxes for which the property ivas sold, and gave the purchaser a…
1Opinion of the CourtHaralson, J.
The bill in this case, it is true, avers that Boutwell & Son, the defendants below, and the appellees here, “assert and claim a right to said lands, and claim that they have a title to the same;” and the prayer, among other things, is that defendants “propound and make known to the court whatever claim, interest, title or right they have in and to the said land hereinbefore described, setting forth fully their title upon which said claim is based.” Except for the foregoing averment and part of the prayer, there is nothing in the bill to indicate that it was filed under the act of December…
2Cases cited7 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Boykin v. SmithSupreme Court of Alabama · 1880
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- Keller v. MooreSupreme Court of Alabama · 1874
- Torrent Fire Engine Co. No. 5 v. City of MobileSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Shannon v. LongSupreme Court of Alabama · 1912
- Bell v. McLaughlinSupreme Court of Alabama · 1913
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Weller v. City of GadsdenSupreme Court of Alabama · 1904
- King v. ArtmanSupreme Court of Alabama · 1932
15 more not listed; retrieve them via the Exa API.