Jackson v. Fillmore

The sole issue in this case is whether the rule announced inNunn v. Keith, 289 Ala. 518, 268 So.2d 792 (1972), should be applied retrospectively or prospectively to the facts of this case. We hold that it should be applied prospectively and affirm.

The facts, as clearly and concisely stated in the trial court's judgment, are as follows:

"This is a suit to quiet title brought by Jesse E. Fillmore against John A. Jackson, Jr., Thomas E. McMillan, Jr., Mary E. Jackson and others, seeking to quiet title against the surface of lands described in his Bill of Complaint and an undivided one-half…