Smith v. Murphy
Supreme Court of Alabama
Appeal from tbe Chancery Court of Tuscaloosa. Heard before the Hon. N. S. Graham. The bill, in this case, was filed by William Murphy, and Thomas J. Murphy, and avers (1), that on the 13th of March, 1873, said Thomas J. Murphy was in possession, and was the equitable owner of a certain tract of land (described in the bill), but that the title thereto was in said William Murphy, he being the father of said Thomas J. Murphy; that on said day the said Thomas J. Murphy borrowed…
Read the full summary
Appeal from tbe Chancery Court of Tuscaloosa. Heard before the Hon. N. S. Graham. The bill, in this case, was filed by William Murphy, and Thomas J. Murphy, and avers (1), that on the 13th of March, 1873, said Thomas J. Murphy was in possession, and was the equitable owner of a certain tract of land (described in the bill), but that the title thereto was in said William Murphy, he being the father of said Thomas J. Murphy; that on said day the said Thomas J. Murphy borrowed from one John C. Tanner the sum of $400, payable November 1, 1873, and agreed to secure the eventual payment by him on…
1Opinion of the CourtStone, J.
There are two points upon which the decree in this cause must be reversed. The deed of November, 1873, from Murphy and wife to Tanner, vested the legal title to the lands in the latter. When he died, the title descended to his heirs. The bill seeks to divest the title from Tanner’s heirs, and vest it in complainant, Thomas J. Murphy. To *635maintain snob bill, and to obtain such relief, it is indispensable that the heirs of Tanner should be parties. — Sto. Eq. Pl. § 188; Moore v. Murrah, 40 Ala. 573; 1 Brick. Dig. 753, §§ 1687, 1695; Ib. 755, § 1731; Ib. 756, §§ 1743, 1745 ; Kennedy v. Kennedy,…
2Cases cited14 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- West v. HendrixSupreme Court of Alabama · 1856
- Peeples v. StollaSupreme Court of Alabama · 1876
- Hunt v. AcreSupreme Court of Alabama · 1856
- McKinstry v. ConlySupreme Court of Alabama · 1847
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Gill v. MoreSupreme Court of Alabama · 1917
- Tyler v. JewettSupreme Court of Alabama · 1886
- Harris v. JohnsonSupreme Court of Alabama · 1912
- Winn v. FitzwaterSupreme Court of Alabama · 1907
6 more not listed; retrieve them via the Exa API.