Smith v. Brannon
Supreme Court of Alabama
Appeal from Chancery Court of Cleburne. Heard before Hon. S. K. McSpadden. . The bill in this case was filed by the appellee, James F. Brannon, against the appellants, the heirs of A. H. Smith, deceased, and prayed for the divestiture of title to certain property described therein out of the respondents, and the investing of such title into the complainant. The theory of the bill and the facts as disclosed in the record are sufficiently stated in tlie opinion.
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Appeal from Chancery Court of Cleburne. Heard before Hon. S. K. McSpadden. . The bill in this case was filed by the appellee, James F. Brannon, against the appellants, the heirs of A. H. Smith, deceased, and prayed for the divestiture of title to certain property described therein out of the respondents, and the investing of such title into the complainant. The theory of the bill and the facts as disclosed in the record are sufficiently stated in tlie opinion. The respondents demurred to the bill as several times amended, and assigned in various ways the want of equity in said bill; and also…
1Opinion of the CourtMcCLELLAN, J.
The theory of the bill of complaint in this case is that the complainant, James E. Brannon, is a sub-purchaser under a void sale of the land in controversy, which belonged originally to A. H. Smith, now deceased, made by the administrator of said Smith in 1872; that the purchaser at that sale,‘under whom complainant claims, paid the purchase-money in full, that this money was received by the heirs of said Smith, who are defendants to the bill, and appropriated and used by them or for their benefit, and that upon these facts, the complainant. is entitled to have the legal title, which the void…
2Cases cited2 opinions
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Abernathy v. O'ReillySupreme Court of Alabama · 1890
3Cited by5 opinions
- Allgood v. BainsSupreme Court of Alabama · 1946
- Kent v. ManselSupreme Court of Alabama · 1893
- Moore v. CottinghamSupreme Court of Alabama · 1896
- Garner v. ToneySupreme Court of Alabama · 1894
- Haynes v. SimpsonSupreme Court of Alabama · 1904