McMillan v. Aiken
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Norma Aildn and others, against B. F. McMillan, Sr., and others to clear up and settle doubts concerning land, and to enjoin trespasses until respondents should establish their title by an action at law. From a decree granting the injunction respondents appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Norma Aildn and others, against B. F. McMillan, Sr., and others to clear up and settle doubts concerning land, and to enjoin trespasses until respondents should establish their title by an action at law. From a decree granting the injunction respondents appeal. The court erred in admitting documents offered as exhibits G, and BB, as they were not certified copies of papers rendered admissible in evidence under article 2, chapter 84, Code 1907, since they are translations of some one’s conclusions as to the effect of…
1Opinion of the CourtSayre, J.
Complainants in the court below, appellees here, sought by their bill to clear up and settle doubts and disputes concerning land which they claimed to own, and to enjoin, pendente lite, alleged repeated trespasses by which the timber upon the land was being destroyed. It was averred that the timber constituted the chief value of the land. The chancellor, after a submission upon pleading and proof for final decree, reached the conclusion that neither the bill nor the evidence taken in support of it showed that peaceable, uncontested possession essential to relief under the statute au*305thorizing…
2Cases cited3 opinions
- Ashurst v. McKenzieSupreme Court of Alabama · 1890
- Hamilton v. Brent Lumber Co.Supreme Court of Alabama · 1899
- Marietta Fertilizer Co. v. BlairSupreme Court of Alabama · 1911
3Cited by8 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Long v. LaddSupreme Court of Alabama · 1962
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
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