Birmingham Securities Co. v. Southern University
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Securities Company against the Southern University to quiet title to a particular piece of land. Decree for respondent, and defendant appeals. The map of Forest Hill was an essential part of the description to the same extent as if it had been incorporated in the deed. —Miller v. Outturn, 4 Ala. 576; McQoun v. Laphaon, 21 Pick. 133; Lampley v. Kennedy, 25 Wis. 223; Gov os.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Securities Company against the Southern University to quiet title to a particular piece of land. Decree for respondent, and defendant appeals. The map of Forest Hill was an essential part of the description to the same extent as if it had been incorporated in the deed. —Miller v. Outturn, 4 Ala. 576; McQoun v. Laphaon, 21 Pick. 133; Lampley v. Kennedy, 25 Wis. 223; Gov os. Hart, 145 U. S. 376; Devlin on Deeds, Sec. 1020. Parol evidence was inadmissible to vary the boundary shown in the plat or map. —…
1Opinion of the CourtMayfield, J.
Appellant filed its bill against appellee under sections 5443 et seq., Code 1907, to quiet and determine title to lot No. 9, on the south side of Cherry street, in Forest Hill, Jefferson county, Ala.
It has been repeatedly held by thi,s court that a bill under this statute must allege that complainant is in the peaceable possession of the land — peaceable, as distinguished from scrambling. The possession, if peaceable, may be actual or constructive. The complainant, of course, may allege either actual or constructive possession, but must prove the character which he alleges, in order to be…
2Cases cited5 opinions
- Goree v. ClementsSupreme Court of Alabama · 1891
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Helmetag v. FrankSupreme Court of Alabama · 1878
- Woolfolk v. BucknerSupreme Court of Arkansas · 1900
- South & Worth Alabama Railroad v. WilsonSupreme Court of Alabama · 1885
3Cited by8 opinions
- City of Mobile v. ChapmanSupreme Court of Alabama · 1918
- Thrasher v. RoysterSupreme Court of Alabama · 1913
- Rushton v. McKee & Co.Supreme Court of Alabama · 1917
- Little v. ThomasSupreme Court of Alabama · 1920
- Turk v. TurkSupreme Court of Alabama · 1921
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