Wilson v. Miller
Supreme Court of Alabama
Appeal from Chancery Court of Bibb. Heard before Hon. Thomas H. Smith. The bill in this cause was filed by the appellee,-John W. Miller, against the appellant, Fayette Wilson and others, and sought to enjoin an action of ejectment, which had been begun against him by appellees, and also to cancel a certain deed as a cloud upon his title. ' The averments of the bill were to the effect that the complainant bought the lands in 1883 from one Walter T). Wilson, who executed a…
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Appeal from Chancery Court of Bibb. Heard before Hon. Thomas H. Smith. The bill in this cause was filed by the appellee,-John W. Miller, against the appellant, Fayette Wilson and others, and sought to enjoin an action of ejectment, which had been begun against him by appellees, and also to cancel a certain deed as a cloud upon his title. ' The averments of the bill were to the effect that the complainant bought the lands in 1883 from one Walter T). Wilson, who executed a deed to complainant and put him in possession, and that he was still in possession. That said Wilson was at the time, and…
1Opinion of the CourtHaralson, J.
It is familiar “That a court of equity Avill not take jurisdiction Avhen there is a clear, complete and adequate remedy at law. The mere intervention of fraud, no discovery or any special equitable relief being sought, will not authorize a court of chancery to grant relief, or entertain concurrent jurisdiction with the court of law, in cases cognizable at law.” — Youngblood v. Youngblood, 54 Ala. 486; Peeples v. Burns, 77 Ala. 292.
*267It is also true that “A court of equity is reluctant to interpose by injunction against an ejectment at law, founded on a legal title the plaintiff is fairly…
2Cases cited7 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Plant v. BarclaySupreme Court of Alabama · 1876
- Lehman, Durr & Co. v. ShookSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dailey v. KoeppleSupreme Court of Alabama · 1909
- Newton v. GretterNorth Dakota Supreme Court · 1931
- Davis v. District Court of Tulsa CountySupreme Court of Oklahoma · 1928
- Williams v. NealSupreme Court of Alabama · 1907
- Sulzbacher v. CampbellSupreme Court of Alabama · 1929
4 more not listed; retrieve them via the Exa API.