Burkett v. Newell

This is a statutory bill to quiet title to a certain vacant lot in the city of Birmingham, filed by appellant against the appellee.

The bill in its allegations met all the statutory requirements. Section 5443 et seq., Code 1907. The answer, however, did not meet the requirements of section 5445 of the Code, in that the respondent did not specify her title, but merely made response by way of the general averment that she was the owner of the property. In eases of this character complainant makes out a prima facie case by proof of peaceable possession and that no suit was pending, so as to cast…