Legal Opinion

Ward v. Janney

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 12 opinions

Appeal from City Court of Montgomery, in Equity. Heard before the Hon. Thomas M. Arrington. The bill in this case was filled by the appellees, Janney & Cheney, as trustee of the estate of Moses Brothers, to compel the determination of the appellant’s claim to certain real estate, and to quiet the title of the same, as provided by an act of the legislature approved December 10, 1892. (Acts 1892-93, p. 42). The bill avers that on March 26th, 1886, the respondent leased from…

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Appeal from City Court of Montgomery, in Equity. Heard before the Hon. Thomas M. Arrington. The bill in this case was filled by the appellees, Janney & Cheney, as trustee of the estate of Moses Brothers, to compel the determination of the appellant’s claim to certain real estate, and to quiet the title of the same, as provided by an act of the legislature approved December 10, 1892. (Acts 1892-93, p. 42). The bill avers that on March 26th, 1886, the respondent leased from Moses Bros., for the term of ten years, certain lands situated near the city of Montgomery, Alabama, a copy of which lease…

1Opinion of the CourtMcCLELLAN, J.

This bill is filed by Janney and Cheney, Trustees &c., under the act of December 10, 1892, “To compel the determination of claims to real estate in certain cases and to quiet the title to the same.’ ’ The mere reading of the bill in connection with the statute, in our opinion, suffices to demonstrate that it contains every averment which is necessary under the act to give the court jurisdiction and authorize relief, except in respect of the description of the land as to which it is sought to have the claim of Ward determined and the title quieted. The averment of description is this : “The…

2Cited by12 opinions

  1. Adler v. SullivanSupreme Court of Alabama · 1896
  2. Coburn v. CokeSupreme Court of Alabama · 1915
  3. Cheney v. NathanSupreme Court of Alabama · 1895
  4. First Sav. Bank & Trust Co. v. ElginNew Mexico Supreme Court · 1924
  5. Inter-State Building & Loan Ass'n v. StocksSupreme Court of Alabama · 1899

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