Donohoo v. Smith
Supreme Court of Alabama
Appeal from Oircuit Court, St. Clair County; O. A. Steele, Judge. Bill by W. F. Donohoo against M. M. Smith and others to quiet title to a certain 40 acres of land. Decree for respondents, and complainant appeals.
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Appeal from Oircuit Court, St. Clair County; O. A. Steele, Judge. Bill by W. F. Donohoo against M. M. Smith and others to quiet title to a certain 40 acres of land. Decree for respondents, and complainant appeals. In the answer to the bill it is averred that at the time of the filing of this bill the respondents M. M. and Rena Smith were in possession of the land, that there was a sheriff’s sale of the lands in controversy on June 14,1920, at which time M. M. and Rena Smith became the purchasers, and that they served written notice on the tenant, who was in possession, and who attorned to the…
1Opinion of the CourtAnderson, C. J.
[1,2] This bill was filed under section 5443 of the Code of 1907, to quiet title to certain land therein described. It has been repeatedly held by this court that, in order to maintain such a hill, the complainant must have at the time of filing same the peaceable possession, actual or constructive, as distinguished from what is termed a scrambling possession — that is, one which is disputed or contested. Cen. of Ga. R. R. v. Rouse, 176 Ala. 138, 57 South. 700, and eases there cited. There was evidence in this case showing that the complainant’s possession was disputed, and that one of the…
2Cases cited4 opinions
- Ray v. WatkinsSupreme Court of Alabama · 1920
- Shows v. SteinerSupreme Court of Alabama · 1911
- Central of Georgia Railroad v. RouseSupreme Court of Alabama · 1912
- Senior v. StateSupreme Court of Alabama · 1921
3Cited by11 opinions
- Carter v. HarbinSupreme Court of Alabama · 1966
- Buchmann Abstract & Investment Co. v. RobertsSupreme Court of Alabama · 1925
- Chestang v. Tensaw Land & Timber CompanySupreme Court of Alabama · 1960
- Woodland Grove Baptist Church v. WOODLAND GROVE COMMUNITY CEMETERY ASSOCIATIONSupreme Court of Alabama · 2006
- Sisson v. SwiftSupreme Court of Alabama · 1942
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