Moore v. Tate
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants against the appellees. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof, the chancellor decreed that the complainants were entitled to the relief prayed for, and ordered accordingly.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants against the appellees. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof, the chancellor decreed that the complainants were entitled to the relief prayed for, and ordered accordingly. From this decree the present appeal is taken, and the same is here assigned as error. cited 1 Brick. Dig., 865, § 866 et seq. ; Pollard v. Maddox, 28 Ala. 321; Chambers v.…
1Opinion of the Court
COLEMAN, J. —
This is the second appeal in this case. — 102 Ala. 320. The record of the evidence on the former appeal was such that it became necessary to reverse the case, without determining the merits of the controversy. The appellants, as heirs of Hugh McVay, deceased, instituted an action in ejectment in the circuit court to recover two quarter sections of land. The plaintiffs in the ejectment suit claim title under and by virtue of the following provision in a deed of conveyance, executed by Hugh McVay in his lifetime, to Henry W. McVay, to-wit: “to have and to hold the said tract of…
2Cases cited6 opinions
- Trapp v. MooreSupreme Court of Alabama · 1852
- Guilmartin v. UrquhartSupreme Court of Alabama · 1886
- Ohlander v. DexterSupreme Court of Alabama · 1892
- Burnell v. MorrisSupreme Court of Alabama · 1894
- Mitchell v. Capital City InsuranceSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- West End Sav. Bank v. GoodwinSupreme Court of Alabama · 1931
- Hertzler v. StevensSupreme Court of Alabama · 1898
- Floyd v. AndressSupreme Court of Alabama · 1944
- Skidmore v. StewartSupreme Court of Alabama · 1917
12 more not listed; retrieve them via the Exa API.