Cowden v. Hughes

Cowden brought a bill to quiet title against Hughes, who also brought a bill to quiet title by counterclaim. After a hearing ore tenus, the Circuit Court of Blount County found that Hughes had purchased the property at a tax sale in 1961, had obtained and recorded a duly executed and acknowledged tax deed from the judge of probate in 1964, and, since then had adversely possessed the property for ten years, a period of time in excess of three years as required under Tit. 51, § 295, Code of Alabama 1940.

Where the trial court makes a decree after hearing witnesses ore tenus, every presumption…