Legal Opinion

Smith v. Gordon

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 11 opinions

Appear from the Chancery Court of Franklin. Heard before the Hon. Wilijam H. Simpson. The bill in this case was filed by the appellee, Eugene C. Gordon, against A. G. Smith, receiver of the Lady Ensley Goal, Iron & Railway Company, and others. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.

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Appear from the Chancery Court of Franklin. Heard before the Hon. Wilijam H. Simpson. The bill in this case was filed by the appellee, Eugene C. Gordon, against A. G. Smith, receiver of the Lady Ensley Goal, Iron & Railway Company, and others. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. The appeal is prosecuted from a decree overruling the respondents’ demurrer to the bill as amended and their • motion to dismiss the same for want of equity; and the rendition of this decree is…

1Opinion of the CourtDo Wdell, J.

The appeal in this case is taken from an interlocutory decree overruling respondents’ (appellants here) demurrer to the bill as amended, and their motion to dismiss the same for want of equity. The purpose of the bill as originally filed was to remove cloud from complainant’s alleged title to the mineral rights in the ' land described, and .as subsequently amended was converted into a bill under the statute (Code, §§ 809-813) to compel the determination of claims and quiet title to the mineral interest and rights in said lands. The relief sought by the original bill, and that by the bill as…

2Cases cited3 opinions

  1. Galloway v. HendonSupreme Court of Alabama · 1901
  2. Bliss v. SmithSupreme Court of Alabama · 1840
  3. Young v. LathamSupreme Court of Alabama · 1901

3Cited by11 opinions

  1. Long v. LaddSupreme Court of Alabama · 1962
  2. Southern Railway Co. v. HallSupreme Court of Alabama · 1906
  3. Whitehead v. HesterSupreme Court of Alabama · 1987
  4. Carr v. MooreSupreme Court of Alabama · 1919
  5. Gulf Coal & Coke Co. v. Alabama Coal & Coke Co.Supreme Court of Alabama · 1906

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