Burkhalter v. Alabama Mineral Land Co.
Supreme Court of Alabama
Appeal from Circuit Court, Cleburne County; Hugh D. Merrill, Special Judge. Suit by the Alabama Mineral Land Company against G. G. Burkhalter. Decree for complainant, and respondent appeals. Counsel agree that the only disputed question was whether the possession of complainant was peaceful and quiet, or whether it was an uncertain, scrambling possession. Complainant must be in possession.
Read the full summary
Appeal from Circuit Court, Cleburne County; Hugh D. Merrill, Special Judge. Suit by the Alabama Mineral Land Company against G. G. Burkhalter. Decree for complainant, and respondent appeals. Counsel agree that the only disputed question was whether the possession of complainant was peaceful and quiet, or whether it was an uncertain, scrambling possession. Complainant must be in possession. Sections 5443, 5444, Code 1907. Possession must be peaceful, as contradistinguished from disputed or contested possession. 142 Aja. 486, 38 South. 242; 142 Ala. 490, 39 South. 162. The evidence does not…
1Opinion of the CourtMcCLELLAN, J.
Bill filed by appellee against appellant to quiet title under the statutory 'system to that end (Code, § 5443 et seq.) to certain wild, uninclosed mountain land. Complainant prevailed in the court below. It was admitted that complainant had title to the land described in the bill at the time the bill was filed and at the time of submission for decree. The evidence, in the main, -was taken by oral examination of the witnesses before the court. The solicitors are agreed that the only question for review is whether there was any evidence going to discharge the complainant’s burden to show that…
2Cases cited1 opinion
- Smith v. Irvington Land Co.Supreme Court of Alabama · 1914
3Cited by1 opinion
- Ken Realty Co., Inc. v. JohnsonCourt of Appeals for the Fifth Circuit · 1943