Nashville C. & St. L. Ry. v. Proctor
Supreme Court of Alabama
Bill to Quiet Title. Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by John F. Proctor as administrator with the will annexed, of the estate of one Anderson, deceased, against the Nashville, Chattanooga & St. Louis Railway, to quiet title to certain lands therein described. From the decree granting relief respondent appeals.
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Bill to Quiet Title. Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by John F. Proctor as administrator with the will annexed, of the estate of one Anderson, deceased, against the Nashville, Chattanooga & St. Louis Railway, to quiet title to certain lands therein described. From the decree granting relief respondent appeals. The authority for filing a bill in this case is purely statutory, and only those named in the statute can file such a bill. — Johnson v. Johnson, 41 South. 522; Ranclle v. Daughdrill, 39 South. 162; Ladd v. Powell, 39 South. 46. Tbe answer fails…
1Opinion of the CourtAnderson, J.
-The complainant, as administrator with the will annexed of John F. Anderson, deceased, filed this bill to quiet title to certain real estate therein described under article 9 of chapter 16 of the Code of 1896. Section 809, in prescribing who can maintain such a hill as the one in the case at bar, provides, among other things, that the complainant must claim to own the land involved, and therefore relates to the owner, rather than such a claim or right as is given an executor or administrator for the purpose of administering upon the estate. The legal title to the land, upon the death of the…
2Cases cited3 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Morgan v. CaseySupreme Court of Alabama · 1882
- Tarver v. SmithSupreme Court of Alabama · 1861
3Cited by3 opinions
- Grayson v. RobertsSupreme Court of Alabama · 1934
- Gulf Coal & Coke Co. v. ApplingSupreme Court of Alabama · 1908
- Beesley v. EbertSupreme Court of Alabama · 1983