Gulf Coal & Coke Co. v. Alabama Coal & Coke Co.
Supreme Court of Alabama
Appeal from Walker Chancery Court. Heard before Hon. A. H. Benners. This is a bill filed by the Alabama Coal & Coke Company against the Gulf Coal & Coke Company, to quiet title to the mineral interest in certain lands named in the bill. The allegation and prayer of the bill are those required by the statute in such cases.
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Appeal from Walker Chancery Court. Heard before Hon. A. H. Benners. This is a bill filed by the Alabama Coal & Coke Company against the Gulf Coal & Coke Company, to quiet title to the mineral interest in certain lands named in the bill. The allegation and prayer of the bill are those required by the statute in such cases. By amendment to the bill it is alleged that on December 16th, 1882, one Odom was the owner in fee of the land and- on said day executed to Tom Peters a deed to' the lands'; that the deed was duly acknowledged before a notary public, filed for record in the probate office of…
1Opinion of the CourtTyson, J.
The bill in this cause was -filed under section 809 et seq., of the Code of 1896 to quiet the title to the coal and other minerals owned by complainant in, under, and upon a. certain tract of land. It contains all the necessary statutory averments. The point is made that the owner of coal and minerals in, under', and upon land, with no title to the surface, cannot invoke the remedy afforded by the statute. The language of the statute pertinent to tins point is this: “When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same and his title…
2Cases cited7 opinions
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Goodlett v. KellySupreme Court of Alabama · 1883
- Smith v. GordonSupreme Court of Alabama · 1902
- Tarwater v. GoingSupreme Court of Alabama · 1903
- Bledsoe v. Price & Co.Supreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- NCNB Texas Nat. Bank, NA v. WestSupreme Court of Alabama · 1993
- Alabama Coal & Coke Co. v. Gulf Coal & Coke Co.Supreme Court of Alabama · 1911
- Lotspeich v. DeanNew Mexico Supreme Court · 1949
- Gibson v. GibsonSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.