Sayers v. Tallassee Falls Mfg. Co.
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court.' Heard before Hou. W. W. Whiteside, Bill by the Tallassee Falls Manufacturing Company against J. R. Sayers and another to recover possession of land. Decree for complainant and respondents appeal.
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Appeal from Tallapoosa Chancery Court.' Heard before Hou. W. W. Whiteside, Bill by the Tallassee Falls Manufacturing Company against J. R. Sayers and another to recover possession of land. Decree for complainant and respondents appeal. The party not in possession and claiming under a legal title has no standing in a court of equity.- — Plant v. Barclay, 56 Ala. 563; Danhel v. Stewart, 55 Ala. 278. The fact that a number of suits were necessary would not give equity jurisdiction in this instance, nor is the bill aided by the assertion that complainants are unaware of the territorial claim of…
1Opinion of the CourtMcCLELLAN, J.
The gist of this bill, by appellee against appellants, is that the respondents claim certain lands and are in possession thereof, and that the complainant, on the other hand, claims to own, in fee, those lands, and desires by this bill to have its rights declared therein and to enforce its rights thereto.
The remedy at law is plain, adequate, and complete, dependent in its selection upon the circumstances under which unlawful detainer or ejectment is appropriate. If the complainant is entitled to this property, to the exclusion of the respondents, that result can be readily obtained in one or…
2Cases cited7 opinions
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Randle v. DaughdrillSupreme Court of Alabama · 1904
- Lyon v. ArndtSupreme Court of Alabama · 1904
- Daniel v. StewartSupreme Court of Alabama · 1876
- Plant v. BarclaySupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Carr v. MooreSupreme Court of Alabama · 1919
- Continental Trust Co. v. Tallassee Falls Mfg. Co.District Court, M.D. Alabama · 1915
- Nelson v. HardinSupreme Court of Alabama · 1937