Threadgill v. Dixie Industrial Co.
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill by the Dixie Industrial Company against G. A. Threadgill and others to quiet title to land. From the judgment rendered, respondents appeal.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill by the Dixie Industrial Company against G. A. Threadgill and others to quiet title to land. From the judgment rendered, respondents appeal. The decree appealed from is as follows: It is a bill to quiet peaceable possession, and, while the evidence satisfies the court that complainant is entitled to the land in the peaceable possession of complainant, as the foundation of this suit, the same is not sufficiently made out. The witnesses for the defense are not impeached except by internal evidence of weakness, but the court…
1Opinion of the CourtAnderson, C. J.
As we view what purports to he the decree in this cause, it was the mere expression of the opinion of the trial court unaccompanied by any definite, affirmative adjudication or sentence. There is no finding or adjudication as to who had the title, and, while there is a recital that the court “feels compelled to dismiss” the bill, this is not followed by any order or re cital showing that the Dill was actually dismissed. The mere expression of an opinion by the trial court, not accompanied by a decree or adjudication of the point or points expressed in the opinion, does not have the effect of…
2Cases cited3 opinions
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Thompson v. MadduxSupreme Court of Alabama · 1894
- Ex parte GistSupreme Court of Alabama · 1898
3Cited by7 opinions
- Hill v. HillSupreme Court of Alabama · 1924
- McGraw v. McGrawSupreme Court of Alabama · 1968
- Orr v. StewartAlabama Court of Appeals · 1919
- Gaines v. MilnerSupreme Court of Alabama · 1957
- Michigan National Bank v. MizellSupreme Court of Alabama · 1969
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