Dennison v. Claiborne

The majority hold that, if complainant is in actual possession of the land, respondent cannot have a decree quieting title in himself, although the evidence shows that respondent has the better title.

In order to reach this result, the majority rely on Fitts v. Alexander, 277 Ala. 372, 170 So.2d 808. In Fitts, this court affirmed a decree quieting title in complainant who had been in possession for more than twenty years. This court said:

“The evidence fully supports the finding of the trial court to the effect that complainant had been in the open, notorious, absolute, hostile and exclusive…