Rea v. Longstreet & Sedgwick
Supreme Court of Alabama
Appeal from Chancery Court of Chambers. Heard before Hon. B! B. McCraw. Tbe appellant, Mary L. Bea, filed this bill against Longstreet & Sedgwick, and others of ber husband’s creditors, wbo, under attachments against bis estate, had levied on, and were proceeding to sell her lands.
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Appeal from Chancery Court of Chambers. Heard before Hon. B! B. McCraw. Tbe appellant, Mary L. Bea, filed this bill against Longstreet & Sedgwick, and others of ber husband’s creditors, wbo, under attachments against bis estate, had levied on, and were proceeding to sell her lands. Tire bill alleges that complainant, with moneys of her statutory estate, purchased the lands from one Jane Bea, and received a conveyance direct to herself, which was duly recorded in 1870; that in 1872 appellees, creditors of her husband, commenced suit against him in a court of law, for his debt, under which…
1Opinion of the CourtBrickell, C. J.
It is settled that courts of equity have jurisdiction to remove a title, or claim of title, which may operate as a cloud upon the title of the true owner, from which an injury to him ' may be reasonably apprehended; and for that purpose may decree that deeds, or other instruments, by which such cloud is created, shall be *293fiven up and cancelled.—2 Story’s Eq. § 700; Willard’s Eq. 302; Hamilton v. Cummings, 1 Johns. Chan. 516; Pettit v. Shepherd, 5 Paige, 50; Lyon v. Hunt, 11 Ala. 295; Posey v. Conway, 10 Ala. 811.
The principle is extended so as to authorize equitable interference, when a party…
2Cases cited15 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Burt v. CassetySupreme Court of Alabama · 1848
- Martin v. HewittSupreme Court of Alabama · 1870
- Lyon v. HuntSupreme Court of Alabama · 1847
10 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Adler v. SullivanSupreme Court of Alabama · 1896
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Wood v. EstesSupreme Court of Alabama · 1932
52 more not listed; retrieve them via the Exa API.