Vandegrift v. Shortridge
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Annie Vandegrift and another, against W. W. Shortridge to quiet title to land. From a decree for respondents complainants appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Annie Vandegrift and another, against W. W. Shortridge to quiet title to land. From a decree for respondents complainants appeal. Appellant was not required to have title by possession, but merely actual, peaceable possession. — Ne%o-■ell v. Manley, 173 Ala. 205. This was shown not only by the admission in the answer, but by the evidence independent thereof, which placed upon appellee the burden of showing title in himself, or a lien or encumbrance on the land. — 115 Ala. 582; 128 Ala. 579; 137 Ala. 298. Such…
1Opinion of the CourtSomerville, J.
Appellants filed their bill to quiet title to certain lands. The second paragraph of the bill avers that “complainants are in the peaceable possession of, and own,” the lands in suit. In answering this specific paragraph respondents merely “denies that the complainants are the owners of the land described,” excepting one 40 as to which he disclaimed.
This must be taken as an admission of the truth ot the averment of the bill as to complainants’ peaceable possession, since this fact was prima facie within the knowledge, information, or belief of respondent.— Agnew v. McGill, 96 Ala. 496, 500,…
2Cases cited8 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Adler v. SullivanSupreme Court of Alabama · 1896
- Alexander v. ReaSupreme Court of Alabama · 1874
- Brand v. United States Car Co.Supreme Court of Alabama · 1900
- Holmes v. StateSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Burton v. MeeksSupreme Court of Alabama · 1931