Shannon v. Long
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Bill by P. M. Long, as executor, against J. S. Shannon and others, to declare a lease which had been forfeited a cloud upon title and to remove it. From a decree overruling a general demurrer to the bill the respondents appeal. The bill is subject to many infirmities. First: The bill does not require the defendant to set up and specify his title. — Slosson v. MoNulty, 125 Ala. 124; Moore v. Ala.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Bill by P. M. Long, as executor, against J. S. Shannon and others, to declare a lease which had been forfeited a cloud upon title and to remove it. From a decree overruling a general demurrer to the bill the respondents appeal. The bill is subject to many infirmities. First: The bill does not require the defendant to set up and specify his title. — Slosson v. MoNulty, 125 Ala. 124; Moore v. Ala. Nat’l Bank, 139 Ala. 273. Second: The bill fails to aver that no suit is pending. — Parker v. Boutioell, 119 Ala. 299; .Bolen v.…
1Opinion of the Court
de GRAFFENRIED, J.
While, as a general rule, a court of equity .disfavors forfeitures, it will,- when, by reason of the breach by the grantee or lessee of a condition subsequent in a conveyance or lease, the conscience of the situation demands it, declare that a forfeiture has occurred, and cancel and hold for naught such conveyance or lease. This is especially true when the plain language of the instrument shows that it was the purpose of the parties to declare that the breach should operate as a forfeiture, and the situation of the parties is such that to uphold the instrument as still…
2Cases cited18 opinions
- Curtis v. SutterCalifornia Supreme Court · 1860
- Gardner v. KnightSupreme Court of Alabama · 1899
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- Hardeman v. DonagheySupreme Court of Alabama · 1910
13 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- American Federation of State, County & Municipal Employees v. DawkinsSupreme Court of Alabama · 1958
- Sanchez v. McKinneySupreme Court of Alabama · 2011
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
29 more not listed; retrieve them via the Exa API.