Keller v. Bullington
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. The commission of the trespass vel non by the respondents in this case depended upon the validity of their claim of title to the property upon which the trespass was alleged to have been committed.
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. The commission of the trespass vel non by the respondents in this case depended upon the validity of their claim of title to the property upon which the trespass was alleged to have been committed. A court of chancery had no jurisdiction to determine the issue, and the parties should have been remitted to a court of law for its determination. The case made by the averments of the bill was not such a one as would justify the granting of the injunction…
1Opinion of the CourtHead, J.
On March 17th, 1884, Arthur H. Kellar purchased at the judicial sale of the lands of the estate of F. C. Vinson, deceased, made by R. B. Lindsey, the administrator, several hundred acres of land, in Colbert county, Ala., and after report and confirmation, and payment of the purchase money, received, on the 26th day of September, 1887, the deed of the administrator thereto. This sale and deed included the N. W. í of the S. E. i of section 23, township 5, range 11. The intestate, Vinson, had no title to this forty acres, but the same were public lands, the title of the government having never…
2Cases cited2 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Beatty v. BrownSupreme Court of Alabama · 1884
3Cited by20 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
- Fuller v. FairSupreme Court of Alabama · 1919
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