Moore v. McAllister
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County ; Woodson J. Martin, Judge. Bill by George A. McAllister against J. D. Moore, individually and as Trustee to quiet title to certain lands. From a decree granting the relief prayed, respondent appeals.
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Appeal from Circuit Court, St. Clair County ; Woodson J. Martin, Judge. Bill by George A. McAllister against J. D. Moore, individually and as Trustee to quiet title to certain lands. From a decree granting the relief prayed, respondent appeals. It is settled in this state that a conveyance of standing timber is a transmission of an interest in the land supporting it. 154 Ala. 660, 46 South. 239. The legal title to the timber is in the grantee and he may remove after the time limit. 149 Ala. 380, 42 South. 858, 9 L. R. A. (N. S.) 663, 123 Am. St. Rep. 58. The complainant, having alleged…
1Opinion of the CourtMiller, J.
This is a bill by George A. McAllister to quiet title to land under section 5443 of the Code of 1907. The bill describes the land, and its allegations follow the requirements of section 5444 of the Code of 1907. Its sufficiency is not questioned by demurrer.
John Moore, individually and as trustee, is made defendant. Individually he disclaims any interest in, title to, or incumbrance on the land. As trustee he denies that complainant was in peaceable possession of the land when suit was commenced, and denies complainant’s ownership of the land, but afterwards in the answer admits that…
2Cases cited8 opinions
- Watkins v. SmithTexas Supreme Court · 1898
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Costello v. BurkeSupreme Court of Iowa · 1884
- Stockley v. CissnaCourt of Appeals for the Sixth Circuit · 1902
- Clements v. Faulk & Co.Supreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Harkins & Co. v. LewisSupreme Court of Alabama · 1988
- Cloud v. DeanSupreme Court of Alabama · 1924
- Adams v. PollakSupreme Court of Alabama · 1928
- May v. HillmanSupreme Court of Alabama · 1939
1 more not listed; retrieve them via the Exa API.