Coleman v. Butt
Supreme Court of Alabama
Appeal from the City 'Court of Talladega, in Equity. Heard before the Hon. G-. K. Miller. The appellee, complainant in the court below, filed his bill against the appellant, seeking to have a right of way established over certain lands, which right of way he claimed by express grant as a purchaser from the original grantee,, and over lands which the respondent below acquired by purchase from the original grantor, and seeking to have the right of way defined and opened, and…
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Appeal from the City 'Court of Talladega, in Equity. Heard before the Hon. G-. K. Miller. The appellee, complainant in the court below, filed his bill against the appellant, seeking to have a right of way established over certain lands, which right of way he claimed by express grant as a purchaser from the original grantee,, and over lands which the respondent below acquired by purchase from the original grantor, and seeking to have the right of way defined and opened, and the respondent enjoined from further disturbance of the same, and also asking for damages sustained by the complainant…
1Opinion of the CourtDowdell, J.
A motion to dismiss a bill for want of equity should be sustained only when, after admitting all the facts apparent upon the face of the bill, whether well or illy pleaded, the complainant can 'have no relief, and the bill, for the purpose of such a motion, will be considered as already amended if it is apparent upon a proper statement of the facts and appropriate prayer equitable relief may be obtained.—Brown’s Admrs. v. Mize, 119 Ala. 10; Seals v. Robinson & Co., 75 Ala. 368; Bell, Admr., v. Montgomery Light Co., 103 Ala. 275. Admitting the facts apparent upon, the face of the present bill,…
2Cases cited7 opinions
- South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
- Lide v. HadleySupreme Court of Alabama · 1860
- Watson v. Jones Bros.Supreme Court of Alabama · 1898
- Tatum v. TatumSupreme Court of Alabama · 1895
- Bell v. Montgomery Light Co.Supreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- Harper v. Raisin Fert. Co.Supreme Court of Alabama · 1908
- Thompson v. JohnsonSupreme Court of Alabama · 1918
- Town of Clio v. LeeSupreme Court of Alabama · 1917
- Johnston v. HarshSupreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.