Smith v. Irvington Land Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Stewart Brooks, Special Chancellor. Bill by G; Hardy Smith, pro ami, against the Irvington Land Company, to quiet title to' land. Decree for respondent, and complainant appeals.
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Appeal from Mobile Chancery Court. Heard before Hon. Stewart Brooks, Special Chancellor. Bill by G; Hardy Smith, pro ami, against the Irvington Land Company, to quiet title to' land. Decree for respondent, and complainant appeals. The following is the agreed statement of facts, dated October 18, 1913: (1) That the complainant purchased the lands described in the bill of complaint at a sale by the register in chancery of this court, had under a decree of said court in a cause therein then pending, and received from said register a deed of and to all of the right, title, and interest of all the…
1Opinion of the Court
MAYFIELD, J. —
This was a statutory bill to quiet and determine title to land. The bill contained the statutory requirements as to averments, and sought to have the respondent’s title to the land in question determined, and the complainant’s quieted, so far as the respondent’s claim was concerned. There was no cross-bill requiring the complainant to establish his title or claim; but the answer did seek to show and establish the respondent’s claim of title to the land in question. The respondent sought no affirmative relief, as it might have done. — Code, § 5445, and annotations thereto.
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2Cases cited2 opinions
- Vaughan v. PalmoreSupreme Court of Alabama · 1912
- Newell v. ManleySupreme Court of Alabama · 1911
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