Brown v. Powers
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Samuel Brown against Lulu B. Powers and others to quiet title to land. From a decree granting a partial relief, complainant appeals. The court erred in overruling demurrer to the cross bill. — Section 3118, Code 1907; Hatchett v. Blanton, 72 Ala. 437. The court erred in the decree rendered in that it failed to grant the full relief to which complainant was entitled.
Read the full summary
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Samuel Brown against Lulu B. Powers and others to quiet title to land. From a decree granting a partial relief, complainant appeals. The court erred in overruling demurrer to the cross bill. — Section 3118, Code 1907; Hatchett v. Blanton, 72 Ala. 437. The court erred in the decree rendered in that it failed to grant the full relief to which complainant was entitled. The contract itself extended the bounds of the forty, if that be necessary. — Normant r>. Eureka Go., 98 Ala. 188. Jane Brown, the wife, was competent…
1Opinion of the CourtAnderson, J.
As has been repeatedly held by this court, in order for the complainant to maintain a bill under the statute to quiet title, he must have the peaceable possession of the land, actual or constructive.— Burroughs v. Pate, 51 South. 978, and cases cited. The complainant proved actual possession as to a small portion of the S. W. % of the N. E. 14 of section 14, the 40 described in the bill of complaint, and as to which he was granted relief. As to the other portion of said 40, he showed neither actual nor constructive possession, and was not entitled to relief as to same. The deed offered by the…
2Cases cited5 opinions
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Smith v. KeyserSupreme Court of Alabama · 1896
- Burroughs v. PateSupreme Court of Alabama · 1909
- McDaniel v. Tennessee Coal, Iron & R. R.Supreme Court of Alabama · 1907
3Cited by5 opinions
- M. C. Dixon Lumber Co. v. MathisonSupreme Court of Alabama · 1972
- Bianco v. GrahamSupreme Court of Alabama · 1958
- Haywood v. HollingsworthSupreme Court of Alabama · 1951
- Campbell v. CarlSupreme Court of Alabama · 1981
- Staples v. SteedAlabama Court of Appeals · 1912