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136 Ala. 560

Boddie v. Bush

Supreme Court of Alabama

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the TIon. William L. Parks. The hill in this case was filed by the appellants as heirs at law of one Fancy L. Whittle, against the appellee, Mary E. Bush.

Cited by 1 later decisions — most recently June 1937

1 state decisions

Relies on Dougherty v. Powe · Wilkinson v. Wilkinson · Galloway v. Hendon

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

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DOWDELL, J.

¶1The bill cannot be considered one to remove cloud from title. There is neither allegation nor proof of possession in the complainants.

¶2The averments of the bill taken as true, show the deed assailed to be absolutely void. The complainants have a complete and adequate remedy at law, and the bill is, therefore, wanting in equity.

¶3The cause was submitted for final decree on the pleadings and evidence, and the chancellor properly dismissed the bill. Dougherty v. Powe, 127 Ala. 577; Wilkinson v. Wilkinson, 129 Ala. 279, and authorities cited in those cases; Galloway, Trustee, v. Hendon, 131 Ala. 280.

¶4The decree will be affirmed.

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