Burleson v. Mays
Supreme Court of Alabama
Appeal from Marion Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. B. Burleson against Martha E. Mays, to enjoin an ejectment suit, and to quiet title to land. Decree for respondent and complainant appeals.
1Opinion of the CourtMayfield, J.
This is a bill in equity to enjoin an action of ejectment. The ground for injunction is equitable estoppel. Appellant and appellee claim title, through a common source, one. Seth Bottoms, who was the father of appellee. Appellant claims by purchase and deed from Prudence E. Frederick, another daughter of Seth Bottoms. The common source of title, by will of date January 30, 1873, devised his property to-the two daughters in question. The will is short and is as follows: “Know all men by these presents: That I, Seth Bottoms, do will and bequeath to my two daughters, Prudence E. Bottoms and…
2Cases cited19 opinions
- Crozier v. . BrayNew York Court of Appeals · 1890
- Smith v. SmithSupreme Court of Alabama · 1908
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Hendricks v. KellySupreme Court of Alabama · 1879
- Wolffe v. LoebSupreme Court of Alabama · 1893
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- O'Connell v. O'ConnellSupreme Court of Alabama · 1916
- Wood v. FosterSupreme Court of Alabama · 1934
- Spira v. FrenkelSupreme Court of Alabama · 1923
21 more not listed; retrieve them via the Exa API.