Russell v. Bell
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. R. Bell, pro ami, against W. W. Russell and others to cancel a trust deed and for a sale of lands for division and for an accounting of rents. From a decree for complainant, defendants appeal.
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Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. R. Bell, pro ami, against W. W. Russell and others to cancel a trust deed and for a sale of lands for division and for an accounting of rents. From a decree for complainant, defendants appeal. The chancellor erred in holding that Bell could redeem a one half undivided interest in the property. — 27 A. & E. Ency of Law, 853; 67 Miss. 617; 34 la. 341; 35 la. 59; 47 Cal. 147. Even if Bell could redeem, the undivided one half interest he did not become the owner in fee of the same, since his redemption inured to the…
1Opinion of the CourtSayre, J.
In the appellee’s bill it was alleged: That he was the heir at law of Mrs. C. C. Bell, who had died seized and possessed of an undivided half interest in certain lots in the city of Ft. Payne; that subsequent to the death of Mrs. Bell the lots had been sold by the city for the payment of delinquent taxes, and had been purchased at the tax sale by a party from whom the defendant Russell derived his title; that complainant, “who was the only heir entitled to redeem,” had redeemed shortly before bill filed; and that defendants Davis and the Davenport brothers claimed an interest in the property…
2Cases cited8 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- Johns v. JohnsSupreme Court of Alabama · 1890
- Dooley v. VillalongaSupreme Court of Alabama · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alabama Fidelity Mort. & Bond Co. v. DubberlySupreme Court of Alabama · 1916
- Gettinger v. HeaneySupreme Court of Alabama · 1930
- Solomon v. RedonaCalifornia Court of Appeal · 1921
- Grisso v. United StatesCourt of Appeals for the Tenth Circuit · 1943
- Harris v. JohnsonSupreme Court of Alabama · 1912
6 more not listed; retrieve them via the Exa API.