Harrison v. Parmer
Supreme Court of Alabama
Abijeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. P. Hubbard. This action was brought by John T. Parmer against William M. Harrison, to recover the possession of a plantation, which was described in the complaint as the “Old Calloway place;” and was commenced on the 28th January, 1884. The defendant pleaded “not guilty, in short by consent;” and the cause was tried on issue joined on that plea.
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Abijeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. P. Hubbard. This action was brought by John T. Parmer against William M. Harrison, to recover the possession of a plantation, which was described in the complaint as the “Old Calloway place;” and was commenced on the 28th January, 1884. The defendant pleaded “not guilty, in short by consent;” and the cause was tried on issue joined on that plea. On the trial, as appears from the bill of exceptions, it was shown that the defendant claimed and held possession of the lands sued for, under a contract made between him and the…
1Opinion of the CourtStone, C. J.
— -This is a statutory real action, brought by the appellee, Parmer. In such action, only legal titles can be looked to. No matter how complete an equity may be shown, it will neither maintain the action, nor defeat it, against a claimant under a legal title. Only a court of chancery can recognize and enforce equitable claims to lands.- — Yon v. Flinn, 31 Ala. 409 ; Tutwiler v. Munford, 73 Ala. 308; Slaughter v. McBride, 69 Ala. 510.
The defendant derived all the claim he asserts from the plaintiff. He went into possession under an alleged contract of letting, which he claims secures to him a…
2Cases cited10 opinions
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Houston v. FarrisSupreme Court of Alabama · 1882
- Phillips v. AdamsSupreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boisseau v. FullerSupreme Court of Virginia · 1898
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Dinkins v. LathamSupreme Court of Alabama · 1907
- Waldman v. North British & Mercantile InsuranceSupreme Court of Alabama · 1890
- Adams v. HazenSupreme Court of Virginia · 1918
4 more not listed; retrieve them via the Exa API.