Alabama Coal & Coke Co. v. Gulf Coal & Coke Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by the Alabama Coal & Coke Company against tlie Gulf Coal & C'oke Company, to establish title to land by equitable estoppel, and to cancel a deed as cloud upon title. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by the Alabama Coal & Coke Company against tlie Gulf Coal & C'oke Company, to establish title to land by equitable estoppel, and to cancel a deed as cloud upon title. From a decree sustaining demurrers to the bill, complainant appeals. A purchaser for value has the right to act upon the faith that a deed has been signed, sealed, delivered and acknowledged, if it purports to be in proper form and by proper parties. — Blight v. Echeneck, 51 Am. Dec. 476; Note to 7 L. B. A. (N. S.) 712; Note 57, 20 A A. & E. Dec. in…
1Opinion of the CourtMayfield, J.
The bill is filed by appellant to establish title to land by an equitable estoppel, and to cancel a deed under which appellee claims title, as a cloud on appellant’s title. The facts out of which the estoppel is alleged to arise, such as to defeat appellee’s legal title and to decree in appellant the equitable title, are stated as follows by the appellant: “On the-22d of November, 1882, John C. Key executed a deed to said lands and acknowledged the same and left said deed with the purchasing agent of Thomas Peters to be delivered to him when paid for, and if not paid for in 30 or 60 days to…
2Cases cited13 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Hardt v. HeidweyerSupreme Court of the United States · 1894
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Semple v. GlennSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Edmondson v. JonesSupreme Court of Alabama · 1920
- Scott v. ScottSupreme Court of Alabama · 1918
- Duncan v. JohnsonSupreme Court of Alabama · 1976
14 more not listed; retrieve them via the Exa API.