Foster v. Winchester
Supreme Court of Alabama
Appear from tlie Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. All the facts are sufficiently'' set out in the opinion. “He who comes into equity, must come with clean hands.” — 1 Pom. Eq., §§ 397, 401-2; Kitchens v. Raburn, 19 Wall. 263; Smith v. Olay, 3 Brown.
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Appear from tlie Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. All the facts are sufficiently'' set out in the opinion. “He who comes into equity, must come with clean hands.” — 1 Pom. Eq., §§ 397, 401-2; Kitchens v. Raburn, 19 Wall. 263; Smith v. Olay, 3 Brown. Ch. 639; Johnson v. Johnson, 5 Ala. 97. Lands on which are situated mines are not subject to homestead entry or preemption, and the plea shows a violation of this law. — Rev. Statutes U. S., §§ 2258, 2262, 2289, 2290, 2291, 2301, 2302, 5440.' All certificates of entry and patents issued for such land are absolutely…
1Opinion of the CourtColeman, J.
The averments of the bill show that by-deed of conveyance, executed on the 28th November, 1873, Greenberrv Hill conveyed to Winchester, Foster, and Path-burn the Ñ. E. 4 of N. E. 4 of section 34, Township 11, Range 5 east, in the district of lands subject to sale at Huntsville, Alabama. That subsequently Winchester purchased the interest of Rathburn and Foster in said lands; but in their deed of conveyance to him, executed on the 12'th April, 1880, the lands were misdescribed, in that they were described as a part' of section 30, instead of section 34. Under the purchase from Hill, the…
2Cases cited6 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Connor v. ArmstrongSupreme Court of Alabama · 1888
- Simmons v. SimmonsSupreme Court of Alabama · 1884
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3Cited by13 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Carman v. AthearnCalifornia Court of Appeal · 1947
- Highland v. DavisWest Virginia Supreme Court · 1937
- Sperry & Hutchinson Co. v. Louis Weber & Co.District Court, N.D. Illinois · 1908
- Brooks v. WeikSupreme Court of Kansas · 1923
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