Moore v. Empire Land Co.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard, before Hon. J. J. Cuktis. Bill by the Empire Land. Company against J. S. Moore and others, to qniet title to land, and for other relief. From a decree for complainants, respondents appeal.
Read the full summary
Appeal from Walker Circuit Court. Heard, before Hon. J. J. Cuktis. Bill by the Empire Land. Company against J. S. Moore and others, to qniet title to land, and for other relief. From a decree for complainants, respondents appeal. Objections for misjoinder may be made at the hearing, 'or by the court ex mero mota on error. — Langley v. Andrews, 132 Ala. 147; Gar-wile v. Grump, 165 Ala. 206; 57 Ala. 28. As a rule the record must show a responsible interest in every respondent. — 16 Ene. P. & P. 590; 30 Cyc. 125. Parties as to whom no decree can be rendered on the hearing ought not to be made…
1Opinion of the CourtAnderson, J.
The statute requires that a complainant, in order to maintain a bill thereunder to quiet title, must be in the possession of the land, actual or constructive, and while the present bill does not aver an actual possession, it does set up a constructive possession. Therefore the question that arises is whether or not the facts set up in said bill refute the claim of constructive possession, or are sufficient to show that the complainant did have the constructive possession when the bill was filed.
Title to land always gives constructive possession to the holder thereof, in the absence of the…
2Cases cited2 opinions
- Black Warrior Coal Co. v. WestSupreme Court of Alabama · 1910
- Durr v. Hanover National BankSupreme Court of Alabama · 1910
3Cited by16 opinions
- Broughton v. Humble Oil & Refining Co.Court of Appeals of Texas · 1937
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Alabama Fuel & Iron Co. v. BroadheadSupreme Court of Alabama · 1924
- Houston Oil Company of Texas v. MossTexas Supreme Court · 1955
- Clanahan v. MorganSupreme Court of Alabama · 1958
11 more not listed; retrieve them via the Exa API.