Legal Opinion

Nelson v. Kelly

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 21 opinions

Appeal from the City Court of Decatur, in equity. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 3d January, 1890, by Geo.

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Appeal from the City Court of Decatur, in equity. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 3d January, 1890, by Geo. A. Nelson, against Mary and Edith Kelly, their brothers and sisters, and sought (1) to enjoin an action of ejectment, which had been brought against him in the names of all the defendants, to recover the possesion of a small lot, or strip of land in Decatur, on which he had erected an office for business purposes; (2) to divest out of the said Mary and Edith their respective interests in the town lot of which said strip was a portion, and…

1Opinion of the CourtClopton, J.

Appellant seeks by the bill to enjoin an action of ejectment, brought by the defendants to recover possession of the lot in controversy, to divest title out of two of the defendants, Mary and Edith Kelly, and invest the same in him, and for a sale of the premises for partition between him and the other defendants. There is also a prayer for general relief. As the bill only seeks affirmative relief against Mary and Edith Kelly, and as the other defendants do not contest complainant’s right to relief, when we hereafter speak of defendants, we refer only to Mary and Edith Kelly. The case made by…

2Cases cited13 opinions

  1. Peugh v. DavisSupreme Court of the United States · 1878
  2. Kirk v. HamiltonSupreme Court of the United States · 1880
  3. McCravey v. RemsonSupreme Court of Alabama · 1851
  4. Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
  5. Hendricks v. KellySupreme Court of Alabama · 1879

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Lindsay v. CooperSupreme Court of Alabama · 1891
  2. Pollak v. MillsapSupreme Court of Alabama · 1928
  3. Burleson v. MaysSupreme Court of Alabama · 1914
  4. Wood v. BarnettSupreme Court of Alabama · 1922
  5. Fields v. KillionSupreme Court of Alabama · 1900

16 more not listed; retrieve them via the Exa API.

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