Cullman Wholesale, Inc. v. Simmons

This case presents a property dispute. This is the second time it has been before this Court. Terry Kay Simmons, T.R. Simmons II, Albert H. Simmons, Josephine S. Pankey, Julia Ann S. Cleage, John Gregory Simmons, and Anna E. Simmons (all hereinafter referred to as the "Simmonses") sued Everett L. Almon, Cullman Wholesale, Inc. ("Cullman"), and various fictitiously named parties, to quiet title to real estate situated in Walker County, Alabama. Ark Land Company ("Ark") leased the property from Simmonses and is also a plaintiff in this case.

On March 4, 1986, Almon filed a motion to dismiss and…