Owen v. Paul
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Tried before the Hon. A. Crenshaw, Chancellor. The facts of this case are fully set out in the opinion. 1. The complainant shows in his bill that he is neither in possession, nor entitled to the possession of the premises, that he has no interest in them, but that the estate belongs to others. For this want of title apparent on the face of the bill, a demurrer lies, or the bill for the want of title to relief, may be dismissed.
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Error to the Chancery Court of Mobile. Tried before the Hon. A. Crenshaw, Chancellor. The facts of this case are fully set out in the opinion. 1. The complainant shows in his bill that he is neither in possession, nor entitled to the possession of the premises, that he has no interest in them, but that the estate belongs to others. For this want of title apparent on the face of the bill, a demurrer lies, or the bill for the want of title to relief, may be dismissed. Story’s Eq. PL 389; 1 Story’s Eq. 101,102. 2. The only ground of equity stated in the bill arose after the-alleged conveyance of…
1Opinion of the CourtChilton, J.
This suit was commenced by original bill .filed in the Chancery Court of Mobile by James Paul, the defendant in error, against the plaintiffs in error, in which it is substantially avered that one George N. Owen, on the 6th of-May 1835, at a sale made by the trustees of a company, known *133as the Orange Grove Company, of lots in the city of Mobile, purchased a number of said lots on speculation, among which were lots numbered five and ten, in square numbered two hundred and sixty-one, which are particularly described in the bill: That said Owen held the deed of Calvin Norris and 'James McGehee,…
2Cases cited6 opinions
- Burt v. CassetySupreme Court of Alabama · 1848
- Jackson ex dem. Schuyler v. RussellNew York Supreme Court · 1830
- Proprietors of Braintree v. BattlesSupreme Court of Vermont · 1834
- Brown v. FarranOhio Supreme Court · 1827
- Hooe v. HarrisonSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Ely v. WilcoxWisconsin Supreme Court · 1870
- Pier v. Fond du Lac CountyWisconsin Supreme Court · 1881
- Federal Home Loan Bank v. Long Beach Federal Savings & Loan Ass'nDistrict Court, S.D. California · 1954
3 more not listed; retrieve them via the Exa API.