Peeples v. Burns
Supreme Court of Alabama
Bill in Eguit/y for Cancellation of Deed, as C loud on Title. Appeal from the Chancery Court of Dallas. Heard before the Hon. John A. Foster.
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Bill in Eguit/y for Cancellation of Deed, as C loud on Title. Appeal from the Chancery Court of Dallas. Heard before the Hon. John A. Foster. The bill in this case was filed on the 17th November, 1883, by Mrs. Mary A. Peeples, the wddow of Robert R. Peeples, deceased, against James H. Burns; and prayed the cancellation of a deed, under which the defendant held possession of a tract of land therein particularly described, which the complainant claimed as belonging to her statutory separate estate, as a cloud on her title to the land, and an obstacle to the assertion of her rights by action at…
1Opinion of the CourtClopton, J.
Since Daniel v. Stewart, 55 Ala. 278, it has been the settled doctrine of this court, that a bill in equity to remove a cloud upon the title to land can not be maintained by a party asserting a mere legal title, against a defendant in adverse possession under color of title, without showing special grounds for equitable interposition. Such bill lies only in favor of a person in possession, who consequently can not bring an action to have the apparent title of the adversary claimant adjudicated at law. While it is not necessary that, under all circumstances, the party must be in possession to…
2Cases cited3 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Knotts v. TarverSupreme Court of Alabama · 1845
- Daniel v. StewartSupreme Court of Alabama · 1876
3Cited by8 opinions
- Curry v. PeeblesSupreme Court of Alabama · 1887
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- Armstrong v. ConnorSupreme Court of Alabama · 1888
- Tillison v. EwingSupreme Court of Alabama · 1888
- Wheelock v. Commercial National BankCuyahoga County Common Pleas Court · 1888
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