Tillison v. Ewing
Supreme Court of Alabama
Appeal from tbe Chancery Court of Etowah. Heard before tbe Hon. S. K. McSpadden. Tbe bill in tbis case was filed on tbe 16th February, 1888, by William 8. Tillison and tbe heirs at law of Francis M. Tillison, deceased, against W. T. Ewing; and sought tbe cancellation of a conveyance for a tract of land, executed to tbe defendant, in 1863, by Thomas Hollingsworth, since deceased.
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Appeal from tbe Chancery Court of Etowah. Heard before tbe Hon. S. K. McSpadden. Tbe bill in tbis case was filed on tbe 16th February, 1888, by William 8. Tillison and tbe heirs at law of Francis M. Tillison, deceased, against W. T. Ewing; and sought tbe cancellation of a conveyance for a tract of land, executed to tbe defendant, in 1863, by Thomas Hollingsworth, since deceased. Tire chancellor dismissed tbe bill, on motion, for want of equity; and bis decree is here assigned as error. Tbe opinion states tbe material facts.
1Opinion of the CourtStone, C. J.
According to tbe averments of tbe bill, Francis M. Tillison and W. S. Tillison became the owners of tbe land in controversy. by purchase from Hollingsworth, in April, 1843, and being transferrees of tbe receiver’s certificate of entry, a patent was issued to them from tbe Government of tbe United States, in June, 1845. Francis M. Tillison and Hollingsworth lived together on tbe land until the close *351o£ .the year 1845, when the said Francis M. died. Hollingsworth remained in possession until 1863, when he conveyed to Ewing, who continued in possession until this suit was brought, in February,…
2Cases cited10 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- McCarthy v. McCarthySupreme Court of Alabama · 1883
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- Holt v. WilsonSupreme Court of Alabama · 1883
- Philippi v. PhilippiSupreme Court of Alabama · 1878
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