Fleming v. Moore
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Ti-iomas H. Smith. The bill in this case was filed by the appellant, Alfred Fleming, against the appellee, Annie S. Moore, under the provisions of sections 809 to 813 of the Code of 1896, to compel the determination of claims to real estate.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. Ti-iomas H. Smith. The bill in this case was filed by the appellant, Alfred Fleming, against the appellee, Annie S. Moore, under the provisions of sections 809 to 813 of the Code of 1896, to compel the determination of claims to real estate. The complainant averred in his bill that he was in the actual, peaceable possession of the lands in controversy; that there was no suit pending to contest the validity of his claim thereto; that Annie S. Moore claimed some right or interest in said land, which the complainant alleged was…
1Opinion of the CourtDowdell, J.
— We think the weight of the testimony in this case shows the following state of facts: One R. IT. Moore went into possession of the land in controversy under a tax sale some time in 1888, and subsequent thereto permitted one Louis Reese to move into and occupy a house on said land. Some time thereafter, said Reese, hearing that Paris Benjamin and Alfred Fleming owned or claimed the land, sought those parties for the purpose, as he states, of buying the land from them. However, not purchasing the land, he made a rental contract with Paris Benjamin in regard to the land. This attornment by…
2Cases cited9 opinions
- Hardin v. JonesIllinois Supreme Court · 1877
- Comstock v. HenneberryIllinois Supreme Court · 1872
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Standard Contractors Supply Co. v. ScotchSupreme Court of Alabama · 1946
- Bobo v. Edwards Realty Co.Supreme Court of Alabama · 1947
- Hagler v. BonerSupreme Court of Alabama · 1930
- Bolen v. AllenSupreme Court of Alabama · 1907
- Collier v. CarlisleSupreme Court of Alabama · 1901
4 more not listed; retrieve them via the Exa API.