Brown v. Hunter
Supreme Court of Alabama
Appeal from, tbe Chancery Court of Mobile. Heard before Hon. W. H. Tayloe. Louisa Hunter brought this bill against Bettie Turner Brown to cancel a deed which, as alleged in the complaint, the latter fraudulently procured the former to execute to her; and to sell the land embraced in the deed for division among the joint owners. The facts necessary to be stated are these: Eli Brown and Ohas.
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Appeal from, tbe Chancery Court of Mobile. Heard before Hon. W. H. Tayloe. Louisa Hunter brought this bill against Bettie Turner Brown to cancel a deed which, as alleged in the complaint, the latter fraudulently procured the former to execute to her; and to sell the land embraced in the deed for division among the joint owners. The facts necessary to be stated are these: Eli Brown and Ohas. Jackson conveyed the land described in the bill to Lucinda Brown, Mollie Brown and Louisa Wilson. Lucinda Brown, who was the wife of Eli Broivn, died intestate leaving her husband surviving her and three…
1Opinion of the CourtTyson, J.
— The bill in this cause cannot be maintained as a bill to remove cloud upon the title of complainant to the lot in controversy, as there is no averment that she was in possession of the lot at the date of its filing, and no averment of any special equity showing some obstacle or impediment which would prevent or embarrass the assertion of her rights at law. Furthermore, the evidence is without dispute that complainant’s right to possession Avas denied by the appellant, and she was excluded from it by the appellant who'claimed the entire property, and no special equity is shoAvn by the…
2Cases cited17 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Wilkinson v. StuartSupreme Court of Alabama · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sandlin v. AndersSupreme Court of Alabama · 1923
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Fies v. RosserSupreme Court of Alabama · 1909
- Davidson v. BrownSupreme Court of Alabama · 1926
- McCormick v. McCormickSupreme Court of Alabama · 1930
14 more not listed; retrieve them via the Exa API.