just claim in Alabama

1959It was said in Hunter v. O’Neil, 12 Ala. 37 , that the ‘right of the purchaser to a good title is a right not growing out of the agreement of the parties, but is given by law — that courts of equity govern them proceedings by this just rule, and when an incumbrance is discovered before the execution of the conveyance, the vendor must discharge it, whether he has or has not agreed to covenant against incumbrances.’ * * * * * * “In 27 R.C.L. 481, it is said: ‘And it is held immaterial that the purchaser at the time of making the contract had knowledge of the existence of an incumbrance on the la

1942It was said in Hunter v. O’Neil, 12 Ala. 37 , that the “right of the purchaser to a good title is a right not growing out of the agreement of the parties, but is given by law- — that courts of equity govern their proceedings by this just rule, and when an incumbrance is discovered before the execution of the conveyance, the vendor must discharge it, whether he has or has not agreed to covenant against incumbrances.” The original bill was filed February 24, 1939.

1953We have held that these requirements are jurisdictional, and that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has no jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant. — Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. 590 .” See Ex parte McFry, 218 Ala. 21 , 117 So. 464 ; City Holding Co. v. Hosch, 220 Ala. 113 , 124 So. 291 .

1884We have held that these requirements are jurisdictional, aud that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has 'no-jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant.— Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. The record- shows that the issue between the plaintiff and the claimant was tried in the justice’s court, where the cause originated, without the filing ’ of any affidavit, or the making of any bond.

1943We took occasion to observe in Webb v. McGowin, 232 Ala. 374 , 168 So. 199 , in effect, that the above cited cases do not justify such a use of public funds to compensate one for some nice ethical obligation, so as to perform a courteous or generous act, but that the moral obligation to sustain such an appropriation must be to satisfy a just claim for financial aid which in good faith and good morals ought to be paid, but for which there is no legal liability or obligation.

1943We took occasion to observe in Webb v. McGowin, 232 Ala. 374 , 168 So. 199 , in effect, that the above cited cases do not justify such a use of public funds to compensate one for some nice ethical obligation, so as to perform a courteous or generous act, but that the moral obligation to sustain such an appropriation must be to satisfy a just claim for financial aid which in good faith and good morals ought to be paid, but for which there is no legal liability or obligation.

1894In Chambers v. Ringstaff, 69 Ala. 140 , a description of land in a mortgage void on its face for ambiguity was allowed to be aided by oral evidence showing that the grantor owned and resided on certain lands in this State which were known and described by the same numbers as those employed in the mortgage.

1883In Chambers v. Ringstaff, 69 Ala. 140 , a description of lands in a mortgage, void on its face for ambiguity, was allowed to be aided by oral evidence showing that the grantor owned and resided on certain- lands in this State, which were known and described by the same numbers as those employed in the mortgage.

2007The Mehler court examined the issue of the scope of the arbitration agreement by determining if the claim arose out of or related to the contract; in doing so, it summarized the holding in Leadertex, Inc. v. Morganton Dyeing & Finishing Corp., 67 F.3d 20, 29 (2d Cir.1995), as follows: "[T]he key inquiry is what was the reasonable expectation of the parties who commit themselves to be bound by the provisions of the arbitration agreement." Mehler, 205 F.3d at 50 .

1993The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them.' Order of Railroad Telegraphers v. Railway Express Agency, Inc. , 321 U.S. 342 , 348-349 , 64 S.Ct. 582 , 586 , 88 L.Ed. 788 [(1944)].

1993The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them.' Order of Railroad Telegraphers v. Railway Express Agency, Inc. , 321 U.S. 342 , 348-349 , 64 S.Ct. 582 , 586 , 88 L.Ed. 788 [(1944)].

1977"If such be the law of this country, it sanctions a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights." *936 This Court in East and West Railroad Company of Alabama v. East Tennessee, Virginia & Georgia Railroad Company, 75 Ala. 275 (1882), observed: "The owner of the land has the right to say that, unless they keep within the strict limits prescribed by law, they shall not disturb him in the possession and enjoyment of his property.

1977The power is so capable of abuse and those who are invested with it are often so prone to its arbitrary and oppressive exercise, that a court of equity, without inquiring whether there is irreparable injury, or injury not susceptible of adequate redress by legal remedies, will intervene for the protection of the owner." As stated in Birmingham Traction Co. v. Birmingham Railway and Electric Co., 119 Ala. 129 , 24 So. 368 (1898): "Whenever any person, corporation or authority vested with the power of eminent domain, undertakes to exercise such power, by appropriating private property to its own

1977The power is so capable of abuse and those who are invested with it are often so prone to its arbitrary and oppressive exercise, that a court of equity, without inquiring whether there is irreparable injury, or injury not susceptible of adequate redress by legal remedies, will intervene for the protection of the owner." As stated in Birmingham Traction Co. v. Birmingham Railway and Electric Co., 119 Ala. 129 , 24 So. 368 (1898): "Whenever any person, corporation or authority vested with the power of eminent domain, undertakes to exercise such power, by appropriating private property to its own

1959It was said in Hunter v. O’Neil, 12 Ala. 37 , that the ‘right of the purchaser to a good title is a right not growing out of the agreement of the parties, but is given by law — that courts of equity govern them proceedings by this just rule, and when an incumbrance is discovered before the execution of the conveyance, the vendor must discharge it, whether he has or has not agreed to covenant against incumbrances.’ * * * * * * “In 27 R.C.L. 481, it is said: ‘And it is held immaterial that the purchaser at the time of making the contract had knowledge of the existence of an incumbrance on the la

1953Co. v. Teague, 78 Ala. 147 : “First, he must make affidavit that he has a just claim to the property levied on; and, secondly, he must execute a forthcoming bond, conditioned and payable in the manner and amount prescribed by the statute. — Code, 1876, §§ 3341-44, 3290-91, 3676.

1953We have held that these requirements are jurisdictional, and that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has no jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant. — Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. 590 .” See Ex parte McFry, 218 Ala. 21 , 117 So. 464 ; City Holding Co. v. Hosch, 220 Ala. 113 , 124 So. 291 .

1953We have held that these requirements are jurisdictional, and that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has no jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant. — Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. 590 .” See Ex parte McFry, 218 Ala. 21 , 117 So. 464 ; City Holding Co. v. Hosch, 220 Ala. 113 , 124 So. 291 .

1953We have held that these requirements are jurisdictional, and that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has no jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant. — Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. 590 .” See Ex parte McFry, 218 Ala. 21 , 117 So. 464 ; City Holding Co. v. Hosch, 220 Ala. 113 , 124 So. 291 .

1953We have held that these requirements are jurisdictional, and that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has no jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant. — Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. 590 .” See Ex parte McFry, 218 Ala. 21 , 117 So. 464 ; City Holding Co. v. Hosch, 220 Ala. 113 , 124 So. 291 .

1953We have held that these requirements are jurisdictional, and that, in the absence of a claim interposed in substantial accordance with the statute, and conducted in the manner the statute requires, the court has no jurisdiction to try such an issue, and derives none from the mere consent of the parties litigant. — Walker v. Ivey, 74 Ala. 475 ; Graham v. Hughes, 77 Ala. 590 .” See Ex parte McFry, 218 Ala. 21 , 117 So. 464 ; City Holding Co. v. Hosch, 220 Ala. 113 , 124 So. 291 .

1949Asher v. Asher, 249 Ky. 215 , 60 S.W.2d 592, 593 .

1949Asher v. Asher, 249 Ky. 215 , 60 S.W.2d 592, 593 .

1948Webb v. McGowin, 232 Ala. 374 , 168 So. 199 ; First National Bank v. Walker County Board of Education, 243 Ala. 576 , 11 So.2d 297 .

1948Webb v. McGowin, 232 Ala. 374 , 168 So. 199 ; First National Bank v. Walker County Board of Education, 243 Ala. 576 , 11 So.2d 297 .

1943A just exception to this rule, however, is found in parol evidence going to the identification of the subject-matter, a principle which seems to have been much favored by the past decisions of this court.” In Caston et al. v. McCord, 130 Ala. 318 , 30 So. 431 , the description was: “One and a third (1%) acres of land lying south of W.

1943To enlarge upon that it is said to exist “under circumstances where in fairness the state might be asked to respond • — -where something more than a mere gratuity was involved.” People v. Westchester National Bank, 231 N.Y. 465 , 132 N.E. 241, 245 , 15 A.L.R. 1344 ; see, also, Fairfield v. Huntington, 23 Ariz. 528 , 205 P. 814 , 22 A.L.R. 1438 .

1943To enlarge upon that it is said to exist “under circumstances where in fairness the state might be asked to respond • — -where something more than a mere gratuity was involved.” People v. Westchester National Bank, 231 N.Y. 465 , 132 N.E. 241, 245 , 15 A.L.R. 1344 ; see, also, Fairfield v. Huntington, 23 Ariz. 528 , 205 P. 814 , 22 A.L.R. 1438 .

1943City Board of Education of Athens et al., v. Williams, 231 Ala. 137 , 163 So. 802 .

1943City Board of Education of Athens et al., v. Williams, 231 Ala. 137 , 163 So. 802 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1940State v. Clements, 220 Ala. 515 , 126 So. 162 ; Board of Revenue of Mobile v. Puckett, 227 Ala. 374 , 149 So. 850 ; Board of Revenue of Jefferson v. Hewitt, 206 Ala. 405 (6), 90 So. 781 ; Moses v. Tigner, 232 Ala. 457 , 168 So. 194 .

1929“It is not the intention of the insurer, but the effect upon the insured, which gives vitality to the estoppel.” Tobin v. Western Mutual Aid Soc., 72 Iowa, 261 , 33 N. W. 663 (quoting May on Ins. § 507); 40 Cyc. 262, note.

1929“It is not the intention of the insurer, but the effect upon the insured, which gives vitality to the estoppel.” Tobin v. Western Mutual Aid Soc., 72 Iowa, 261 , 33 N. W. 663 (quoting May on Ins. § 507); 40 Cyc. 262, note.

1927In Brandon v. Garland, 211 Ala. 149 , 100 So. 130 , it is observed that “the old rule giving full costs to the successful party is usually the just rule.” The effect of the statute, however, was to make available at law the rule in equity (Manning v. Carter, 201 Ala. 218 , 77 So. 744 ), as to apportionment of the costs by the court at his discretion, as justice and equity may require (Gen.

1927In Brandon v. Garland, 211 Ala. 149 , 100 So. 130 , it is observed that “the old rule giving full costs to the successful party is usually the just rule.” The effect of the statute, however, was to make available at law the rule in equity (Manning v. Carter, 201 Ala. 218 , 77 So. 744 ), as to apportionment of the costs by the court at his discretion, as justice and equity may require (Gen.

1927In Brandon v. Garland, 211 Ala. 149 , 100 So. 130 , it is observed that “the old rule giving full costs to the successful party is usually the just rule.” The effect of the statute, however, was to make available at law the rule in equity (Manning v. Carter, 201 Ala. 218 , 77 So. 744 ), as to apportionment of the costs by the court at his discretion, as justice and equity may require (Gen.

1927In Brandon v. Garland, 211 Ala. 149 , 100 So. 130 , it is observed that “the old rule giving full costs to the successful party is usually the just rule.” The effect of the statute, however, was to make available at law the rule in equity (Manning v. Carter, 201 Ala. 218 , 77 So. 744 ), as to apportionment of the costs by the court at his discretion, as justice and equity may require (Gen.

1916Co. v. First National Bank, 159 Ala. 315 , 49 South. 246 .

1916Co. v. First National Bank, 159 Ala. 315 , 49 South. 246 .

1916The just rule of the Bryan Case that every suit for conversion must depend upon its own particular facts as to how definite and certain the averment of time of the conversion can be made, and that the pleading in each case is required to allege the time as nearly as practicable, in order to correspond with the proof and not to lead to variance, is supported by the earlier decisions. — Russell v. Russell, supra. The authority relied on by appellant’s counsel involved the conversion of cotton grown during a given year, and the only averment as to the time of conversion was that contained in the