Legal Opinion

Shaw v. Lindsey

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 12 opinions

Appeal from the Chancery Court of Pickens, Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 2d September, 1872, by F. F. Lindsey, against B. F. Shaw, Elihu Cox, and others; and sought to quiet the complainant’s title to a certain tract of land, of which he was in possession under claim of title, and to enjoin the prosecution of two actions at law, brought by said Shaw and Cox respectively, each claiming a part of the land.

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Appeal from the Chancery Court of Pickens, Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 2d September, 1872, by F. F. Lindsey, against B. F. Shaw, Elihu Cox, and others; and sought to quiet the complainant’s title to a certain tract of land, of which he was in possession under claim of title, and to enjoin the prosecution of two actions at law, brought by said Shaw and Cox respectively, each claiming a part of the land. The complainant asserted title to the land under a purchase at sheriff’s sale under execution against said Cox, and a subsequent purchase at a…

1Opinion of the CourtBrickell, C. J.

The bill was filed to quiet the title of the appellee, to lands therein described, which he claims to have purchased at sheriff’s sale under an execution in his own favor, against the appellant Cox, and at sales made by Lang, the assignee in bankruptcy of Cox, and to enjoin an action of ejectment commenced by the appellant Shaw, for the recovery of a part of the land; and a statutory real action commenced by Cox, for the recovery of a part claimed as a homestead. The bill was answered by Cox and Shaw *349jointly, expressly waiving the objection of multifariousness, and they filed a cross-bill for…

2Cases cited7 opinions

  1. Holley v. YoungeSupreme Court of Alabama · 1855
  2. Childress v. MonetteSupreme Court of Alabama · 1875
  3. Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
  4. Hart v. TurkSupreme Court of Alabama · 1849
  5. Sadler v. Fisher's adm'rsSupreme Court of Alabama · 1841

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

3Cited by12 opinions

  1. Smith's v. CockrellSupreme Court of Alabama · 1880
  2. Hamilton v. HamiltonMontana Supreme Court · 1916
  3. Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
  4. Ruse v. BrombergSupreme Court of Alabama · 1889
  5. Wright v. WrightSupreme Court of Alabama · 1935

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

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