Gamble v. Black Warrior Coal Co.
Supreme Court of Alabama
Bill to Quiet Title. Appeal from Walker Chancery Court. Heard before Hon. A. H. Benners. Bill by Frank A. Gamble against tbe Black Warrior Coal Company to quiet title to land. Decree for respondents and complainants appeal. Having shown legal title in himself, complainant could maintain this suit. —Smith v. Goodman, 136 Ala. 495; So. By.
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Bill to Quiet Title. Appeal from Walker Chancery Court. Heard before Hon. A. H. Benners. Bill by Frank A. Gamble against tbe Black Warrior Coal Company to quiet title to land. Decree for respondents and complainants appeal. Having shown legal title in himself, complainant could maintain this suit. —Smith v. Goodman, 136 Ala. 495; So. By. Go. v: Hall, 145 Ala. 224. Having shown a valuable consideration paid for the property, the burden was shifted to the defendant to show that complainant had knowledge of defendant’s title. — Bynum v. Grove, 106 Ala. 427; Steiner v. Glisby, 95 Ala. 91; Barton…
1Opinion of the CourtMayfield, J.
Appellant filed his bill under sections 5443 et seq. of the Code of 1907, to quiet and determine title as to the mineral rights in 160 acres of land described in the bill. Appellee (respondent in the court below) answered the bill, denying complainant’s title, and averring both the legal and equitable titles to be in respondent. Much testimony was taken by both sides, and the case was submitted for final decree upon the pleadings and proof, and upon this hearing the bill was dismissed by the chancellor. From this decree, the complainant prosecutes this appeal.
Both parties claim title through…
2Cases cited3 opinions
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Roach v. State ex rel. AlbrittonSupreme Court of Alabama · 1905
3Cited by33 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1925
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Gill v. MoreSupreme Court of Alabama · 1917
- Copeland v. WarrenSupreme Court of Alabama · 1926
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