Chestang v. Tensaw Land & Timber Company

On Rehearing.

MERRILL, Justice.

Although not specifically stated in Justice GOODWYN’S opinion, the court reached the conclusion that neither party was in peaceable possession, and that the evidence showed a scrambling possession.

We do not question the result reached on original deliverance in this cause. In every case we have read where this court found that there was a scrambling possession, no relief was granted to complainant or respondent under the quieting title statute, Tit. 7, § 1109 et seq. This is so because possession, actual or constructive, must be in the party whose title is…