Whitmire v. Spears

Statutory bill to quiet title to certain lands situated in St. Clair county, filed by appellees against appellant. The bill was sufficient as against any demur; rer interposed thereto. In a bill of this character it is unnecessary to allege in terms that the complainant was the owner of the land at the time the bill was filed. Section 9905 et seq., Code 1923; Vaughan v. Palmore, 176 Ala. 72, 57 So. 488.

Complainants do not insist that they were in the actual possession of the land at the time the bill was,filed, but that they were in the peaceable, constructive, possession thereof, having…