Legal Opinion

Gulf Coal & Coke Co. v. Appling

Supreme Court of Alabama

Decided November 25, 1908PublishedCited by 1 opinion

Appeal from Walker Chancery Court. Heard before Hon. A H. Benners. Bill by Mattie W. Appling as executrix against the Gulf Coal & Coke Company, and others, to quiet title to land. On a decree from complainants respondents appeal.' The complainant as executor has no right to maintain this bill. — N. C. & St. L. Ry.

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Appeal from Walker Chancery Court. Heard before Hon. A H. Benners. Bill by Mattie W. Appling as executrix against the Gulf Coal & Coke Company, and others, to quiet title to land. On a decree from complainants respondents appeal.' The complainant as executor has no right to maintain this bill. — N. C. & St. L. Ry. Co. v. Proctor, 44 South. 669. Under the state of the evidence- as shown by the record complainant did not have such possession as entitled her to maintain the bill. — Ladd v. Powell, 39 South. 46; Randall v. DaughdriU, 39 South. 162; Foy v. Barr, 39 South. 578; Johnson v. Johnson,…

1Opinion of the CourtDenson, J.

— This is a bill filed under the provisions of sections 809-813, art. 13, c. 16, Code 1896, to quiet the title to certain lands described therein. According to the statute, such bill may be filed only by a person claiming to OAvn the land. In the recent case of Nashville, Chattanooga & St. Louis Railway v. Proctor, 152 Ala. 482, 44 South. 669, Ave held that an executor or administrator is not, within the contemplation of the statute, the OAvner of the land, and is not, therefore, authorized to maintain a bill to quiet the title to the land OAvned by the heir or devisee of his intestate or…

2Cases cited1 opinion

  1. Nashville C. & St. L. Ry. v. ProctorSupreme Court of Alabama · 1907

3Cited by1 opinion

  1. Fossett v. TurkSupreme Court of Alabama · 1911

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