Legal Opinion

Newell v. Manley

Supreme Court of Alabama

Decided May 9, 1911PublishedCited by 3 opinions

Appeal from Tuscaloosa Chancery Court. Heard before Hon. A. H. Benners. Bill by George W. Newell against Chas. Manley to quiet title to certain land. Judgment for respondent and complainañt appeals. The statute makes it the duty of the court ■to consider and determine the title to the land involved, and to finally adjudge and decree whether the defendant has any right, title, interest in or incumberance upon the same. — Code 1907, section 5443, et seq.

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Appeal from Tuscaloosa Chancery Court. Heard before Hon. A. H. Benners. Bill by George W. Newell against Chas. Manley to quiet title to certain land. Judgment for respondent and complainañt appeals. The statute makes it the duty of the court ■to consider and determine the title to the land involved, and to finally adjudge and decree whether the defendant has any right, title, interest in or incumberance upon the same. — Code 1907, section 5443, et seq. This statute gives to parties in bills like this the. right to have a determination by the court of the status of the title to the land as…

1Opinion of the Court

SIMPSON, J

The original bill in this case was filed (August 28, 1905) by the appellant against the appellee to quiet'the title to W. % of N. W. % of section *20715, township 21, range 7 W., in Tuscaloosa county. The respondent denies that the complainant is in possession of the land claimed, within the meaning of the statute, and deraigns his title through a tax deed to Basil Manly, dated September 14, 1849, the will of Basil Manly, made in 1858, devising his lands generally, without description, to his wife, Sarah M. Manly, and a deed by said Sarah M. Manly (July 7, 1892), to the appellee, as.…

2Cases cited5 opinions

  1. George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
  2. Whittaker v. Van HooseSupreme Court of Alabama · 1908
  3. Lawrence v. Alabama State Land Co.Supreme Court of Alabama · 1905
  4. Belcher v. ScruggsSupreme Court of Alabama · 1899
  5. Dickinson v. HarrisSupreme Court of Alabama · 1908

3Cited by3 opinions

  1. Ward v. ChamblessSupreme Court of Alabama · 1939
  2. Woodland Grove Baptist Church v. WOODLAND GROVE COMMUNITY CEMETERY ASSOCIATIONSupreme Court of Alabama · 2006
  3. Smith v. Irvington Land Co.Supreme Court of Alabama · 1914

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