Central of Georgia Railroad v. Rouse
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. Bill by L. R. Rouse against the Central of Georgia Railway Company to quiet title to a strip of land. From a decree for complainant respondent appeals. The evidence fails to show that the complainant was in the peaceable possession of the lot in such a sense as would enable him to maintain this bill.- — Ladd v. Powell, 144 Ala. 409; Johnson v. Johnson, 147 Ala. 543; Crabtree v. Ala.
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Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. Bill by L. R. Rouse against the Central of Georgia Railway Company to quiet title to a strip of land. From a decree for complainant respondent appeals. The evidence fails to show that the complainant was in the peaceable possession of the lot in such a sense as would enable him to maintain this bill.- — Ladd v. Powell, 144 Ala. 409; Johnson v. Johnson, 147 Ala. 543; Crabtree v. Ala. Land Co., 155 Ala. 513. The railroad had its section houses on a part of this land included in the deed to the railroad, and therefore had…
1Opinion of the CourtAnderson, J.
Our statute authorizing a person in the peaceable possession of land, actual or constructive, to file a bill to quiet title to the same was construed in the case of Adler v. Sullivan, 115 Ala. 582, 22 South. 87. It was there said: “The act does not require the complainant to have title by possession; but if he has peaceable possession, under claim of ownership, as contra-distinguished from possession which is disputed or contested, it is all, as to this, the statute requires.” This case has been repeatedly cited and followed by cases, wherein the complainant’s bill has been dismissed, because…
2Cases cited7 opinions
- George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
- Adler v. SullivanSupreme Court of Alabama · 1896
- Randle v. DaughdrillSupreme Court of Alabama · 1904
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Ladd v. PowellSupreme Court of Alabama · 1905
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3Cited by15 opinions
- Buchmann Abstract & Investment Co. v. RobertsSupreme Court of Alabama · 1925
- Chestang v. Tensaw Land & Timber CompanySupreme Court of Alabama · 1960
- Price v. RobinsonSupreme Court of Alabama · 1942
- Carr v. MooreSupreme Court of Alabama · 1919
- Donohoo v. SmithSupreme Court of Alabama · 1922
10 more not listed; retrieve them via the Exa API.