Moses v. Dade
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Hubiosco Aüstill. The original bill was filed by the appellee, Henrietta Dade, against one Clayton, Isaac C. Moses, and Morris Dade, complainant’s husband-. Its purpose was, to have a deed of certain realty, made by complainant and her husband, to one Clayton, annulled and cancelled as a cloud on her title, and to compel Moses, who, it was alleged, was in possession, claiming through a conveyance from Clayton, under…
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Appeal from Chancery Court of Mobile. Heard before Hon. Hubiosco Aüstill. The original bill was filed by the appellee, Henrietta Dade, against one Clayton, Isaac C. Moses, and Morris Dade, complainant’s husband-. Its purpose was, to have a deed of certain realty, made by complainant and her husband, to one Clayton, annulled and cancelled as a cloud on her title, and to compel Moses, who, it was alleged, was in possession, claiming through a conveyance from Clayton, under circumstances not' constituting him a bona fide purchaser for value, to restore possession to her. It was afterwards…
1Opinion of the CourtBbickell, C. J.
It is not now necessary to inquire whether the original bill presents a case within the cognizance of a court of equity, or whether the right and remedy of the complainant was not solely at law. The matter of a plea puis darrien continuance, at law, is often available in equity only by cross-bill, A matter of defense, arising after issue joined, as a release executed by the complainant to the defendant, can be introduced only by cross-bill. — Story’s Eq. PL § 393; Cochran v. Rison, 20 Ala. 463. The cross-bill disclosed that pending the suit, the complainant and her husband had, by deed…
2Cases cited1 opinion
- Cochran v. RisonSupreme Court of Alabama · 1852
3Cited by11 opinions
- Moog v. StrangSupreme Court of Alabama · 1881
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Pratt Land & Improvement Co. v. McClainSupreme Court of Alabama · 1902
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