Randle v. Daughdrill
Supreme Court of Alabama
Appeal from Chancery Court of Cherokee. Tried before the Hon. Richard B. Kelly. The bill in this case was filed by appellees against the appellants for the purpose of determining claim to real estate and quieting the title to same under the provisions of the statute.
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Appeal from Chancery Court of Cherokee. Tried before the Hon. Richard B. Kelly. The bill in this case was filed by appellees against the appellants for the purpose of determining claim to real estate and quieting the title to same under the provisions of the statute. The complainants claimed to own the property described in the bill of complaint as the heirs of Lemuel J. Standifer, and they averred in their bill that they weré in 'the quiet and peaceable possession of said property, and that there Avas no suit pending to test the validity of the title thereto'. It was further averred in the…
1Opinion of the CourtAnderson, J.
The complainants filed their bill to quiet title to land, under sections 809 to- 814 of the Code of 1896.
*492This court has repeatedly held that' in order to maintain the bill the proof must show a peaceable possession in the complainant as contradistinguished from a contested, disputed or scrambling possession. — Lynn v. Arndt, in MS.,; Brand v. M. S. C. Co., 128 Ala. 579; Adler v. Sullivan, 115 Ala. 582.
While we do not wish to be understood as holding that respondents have a valid title under the tax sale or to decide in whom is reposed the possession of this land, we do' not think the…
2Cases cited2 opinions
- Adler v. SullivanSupreme Court of Alabama · 1896
- Brand v. United States Car Co.Supreme Court of Alabama · 1900
3Cited by27 opinions
- George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Chestang v. Tensaw Land & Timber CompanySupreme Court of Alabama · 1960
- Webb v. GriffinSupreme Court of Alabama · 1942
- Woodland Grove Baptist Church v. WOODLAND GROVE COMMUNITY CEMETERY ASSOCIATIONSupreme Court of Alabama · 2006
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