Vaughan v. Palmore
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by James Palmore against Frank Vaughan and others to quiet title to land. From a decree overruling demurrers to the bill respondents appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by James Palmore against Frank Vaughan and others to quiet title to land. From a decree overruling demurrers to the bill respondents appeals. As amended the bill attempts to set up appellee’s ownership of title in the alternative, and unless entitled to relief under either of the alternatives, the hill cannot be maintained.— Peters v. Rhodes, 157 Ala. 30; Long v. Meaeha-m, 142 Ala. 405; Taylor v. Dwyer, 131 Ala. 91; Seals v. Robinson, 75 Ala. 363. Section 2930 of the Code has no retroactive effect, and hence, no…
1Opinion of the CourtMayfield, J.
The bill in this case is filed under chapter 127 of the Code, §§ 5443-5449, inclusive, to quiet title and determine claims to certain lands described in the bill. The respondents demurred to the bill upon the ground that it failed to allege that the complainant was the owner of the land at the time of the filing of the bill. The trial court overruled the demurrer, and respondents appeal.
It is not at all necessary for a bill filed under this chapter of the Code to allege, in terms, that the complainant is the owner of the lands the title to which is sought to be quieted. In fact, the statute…
2Cases cited1 opinion
- Adler v. SullivanSupreme Court of Alabama · 1896
3Cited by18 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Ward v. ChamblessSupreme Court of Alabama · 1939
- Campbell v. RiceSupreme Court of Alabama · 1943
- Davis v. DanielsSupreme Court of Alabama · 1920
- Floyd v. AndressSupreme Court of Alabama · 1944
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