Turner v. Stephens

• Decision Date: 17 May 1895
• Citation: 106 Ala. 546,17 So. 706
• Parties: TURNER v. STEPHENS ET AL.
• Court: Alabama Supreme Court

17 So. 706

106 Ala. 546

TURNER v. STEPHENS ET AL.

Supreme Court of Alabama

May 17, 1895

Appeal from chancery court, Coffee county; J. M. Carmichael Chancellor.

Bill by A. S. Stephens and another against G. W. Turner to enjoin the prosecution of an ejectment suit. Defendant's motion to dissolve a temporary injunction was overruled, and defendant appeals. Reversed.

The complainants averred in their bill that they were daughter and son-in-law, respectively, of the respondent; that the respondent, being seised of a large quantity of land persuaded and induced the complainants to move upon and take possession of certain described land, under the following circumstances: "Said respondent, G. W. Turner, told the said complainant that he had more lands than he needed, and that owing to the relationship existing between him and them and that what he had would belong to his children anyhow that if they would move upon said land, improve it, and make their home thereon, that he would give it to them, and execute a conveyance of the same to them." It was then further averred that, trusting in the integrity and good faith on the part of the respondent, the complainants moved upon said land, made certain improvements thereon, amounting to several hundred dollars, and occupied the same as their homestead, but that, unmindful of said promises and obligations, the respondent declined and refused to convey the property to the complainants, and on December 18, 1893, instituted a suit in ejectment for the recovery of said land, which was pending at the time of filing the bill. The prayer of the bill was for an injunction, restraining the respondent from the further prosecution of said suit in ejectment against the complainants, "until he reimburses and pays complainants for the valuable and permanent improvements erected by them on said land." The respondent answered the bill, denying therein each of the averments of said bill which were material to the relief prayed for; and motion was made to dissolve, upon the denials of the answer, the temporary injunction which had been previously issued. Upon the hearing of this motion, the chancellor overruled the motion, and decreed that the injunction should not be dissolved.

H. L. Martin, for appellant.

P. N. Hickman, for appellees.

BRICKELL C.J.

This is an appeal from a decree of the court of chancery refusing the dissolution of a temporary injunction, on the...