Buchmann Abstract & Investment Co. v. Roberts

Statutory bill to quiet title filed in April, 1916, by appellee against appellant. Section- 9905 et seq., Code 1923. Under this statute this court has repeatedly held that in order to maintain the bill the proof must show a peaceable possession in the complainant as contradistinguished from a contested’, disputed, or scrambling possession. Randle v. Daughrill, 142 Ala. 400, 39 So. 162; Wood Lumber Co. v. Williams, 157 Ala. 73, 47 So. 202; Ladd v. Powell, 144 Ala. 408, 39 So. 46; Cent. of Ga. R. Co. v. Rouse, 176 Ala. 138, 57 So. 706.

To constitute a contested, disputed or scrambling…