Georgia Loan & Trust Co. v. Washington Realty Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by the Georgia Loan & Trust Company against the Washington Realty Company to quiet title to land, and for other purposes as noted in the opinion. From a decree sustaining demurrers to the bill, complainant appeals. Reversed, rendered, and remanded. The bill contains all the necessary allegations and averments.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by the Georgia Loan & Trust Company against the Washington Realty Company to quiet title to land, and for other purposes as noted in the opinion. From a decree sustaining demurrers to the bill, complainant appeals. Reversed, rendered, and remanded. The bill contains all the necessary allegations and averments. Sections 5443, 5444, Code 1907. A person out of possession, holding a tax deed, has nothing more than a lien, claim, or incumbrance. Section 2312, Code 1907; Gen. Acts 1915, p. 475; 198 Ala. 325, 73 South. 532. The…
1Opinion of the CourtMiller, J.
This bill of complaint was filed October 15, 1918, by the appellant, who was the complainant, against Washington Realty Company, under section 5443 of the Code of 1907.
It describes a lot of land, avers complainant is in peaceable possession of it, claiming title to or ownership of it, in its own right at this 'time; and the defendant is reputed to claim some title or interest in it, and that no suit is pending to enforce or test its validity.
It avers the lot was owned by A. L. Finney on May 1, 1912, and that he and his wife that day executed to complainant a mortgage thereon to secure a loan.…
2Cases cited2 opinions
- Johnson v. HarperSupreme Court of Alabama · 1894
- Green v. StephensSupreme Court of Alabama · 1916
3Cited by19 opinions
- Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
- Moorer v. ChastangSupreme Court of Alabama · 1946
- Morris v. WaldropSupreme Court of Alabama · 1925
- Bell v. PropstSupreme Court of Alabama · 1930
- Burdett v. RossiterSupreme Court of Alabama · 1930
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