Barclay v. Plant
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. William Skinner. The bill in this case was filed on the 23d December, 1869, by Mrs. Mildred A. Barclay, the wife of Dr. A. M. Barclay, who sued by her next friend, against her said husband, and also against Henry B. Plant, John A. Steele, Mrs. Julia A. Blocker, and Mrs. Nancy Beaumont; and sought to recover the possession of certain lands, which the complainant claimed under a deed from her said husband, as…
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Appeal from the Chancery Court of Colbert. Heard before the Hon. William Skinner. The bill in this case was filed on the 23d December, 1869, by Mrs. Mildred A. Barclay, the wife of Dr. A. M. Barclay, who sued by her next friend, against her said husband, and also against Henry B. Plant, John A. Steele, Mrs. Julia A. Blocker, and Mrs. Nancy Beaumont; and sought to recover the possession of certain lands, which the complainant claimed under a deed from her said husband, as hereinafter more particularly stated, to establish and quiet her title to said lands, to make tbe defendants in possession…
1Opinion of the Court
PETERS, -C. J.
In the final decree of the court below, no notice is taken of the demurrers, though the cause was submitted on the demurrers, as well as on the merits. The suit was dismissed, because the proof was not “ sufficient to sustain the bill.” At the threshold, then, of the case as made in this court, two questions present themselves for solution, before any further progress in the inquiry involved need be made. One of these questions is this: Was the assignment, made by Barclay, on August 31, 1866, to his wife, Mrs. Mildred A. Barclay, of the lands in controversy, a valid assignment,…
2Cases cited32 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- Stewart v. KahnSupreme Court of the United States · 1871
- United States v. BabbitSupreme Court of the United States · 1862
- Green v. LiterSupreme Court of the United States · 1814
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
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3Cited by8 opinions
- Carl v. StateSupreme Court of Alabama · 1899
- Coleman v. SmithSupreme Court of Alabama · 1876
- Daniel v. StewartSupreme Court of Alabama · 1876
- Plant v. BarclaySupreme Court of Alabama · 1876
- Harden v. Darwin & PulleySupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.