Legal Opinion

Plant v. Barclay

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 16 opinions

Appeal from the Chancery Court of Colbert. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 23d December, 1869, by Mrs. Mildred A. Barclay, the wife of Ur.

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Appeal from the Chancery Court of Colbert. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 23d December, 1869, by Mrs. Mildred A. Barclay, the wife of Ur. A. M. Barclay, suing by her next friend, against her said husband, and also against Henry B. Plant, John A. Steele, Mrs. Julia A. Blocker, and Mrs. Nancy Beaumont; and sought, principally, to recover the possession of certain lands, which were in the possession of said Plant and Steele under adverse claim of title, to establish and quiet the complainant’s title to said lands, and to make said defendants account…

1Opinion of the Court

STONE, I.

The bill in the present case concedes that Mrs. Barclay, appellee, was not, when she commenced her suit, in possession of the lands she claims, and seeks to recover. If she has any title to the property, it is legal, and can be enforced in a court of law. The bill seeks to remove a cloud from the title. When this case was before in this court (Barclay v. Plant, 50 Ala. 509), it was decided, that the bill contains equity, and that complainant is entitled to relief. Since then, many of the principles therein announced have been departed from. — See Parks, Brewer & Co. v. Coffey, 52…

2Cases cited10 opinions

  1. Polk v. PendletonCourt of Appeals of Maryland · 1869
  2. Woods v. MonroeMichigan Supreme Court · 1868
  3. Lyon v. HuntSupreme Court of Alabama · 1847
  4. Boynton v. SawyerSupreme Court of Alabama · 1860
  5. Herrington v. WilliamsTexas Supreme Court · 1868

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

3Cited by16 opinions

  1. Smith's v. CockrellSupreme Court of Alabama · 1880
  2. Neyland v. BendyTexas Supreme Court · 1888
  3. Brown v. HunterSupreme Court of Alabama · 1898
  4. Worthington v. MillerSupreme Court of Alabama · 1901
  5. King Lumber Co. v. SpragnerSupreme Court of Alabama · 1912

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

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