Barton v. State

MERRILL, Justice.

Appellant has appealed from a decree of the Circuit Court, in Equity, of Winston County, overruling his demurrer to the bill of complaint.

The State of Alabama under Chapter 32, sections 1109-1115, Title 7, Code 1940, filed a bill to quiet title to eighty acres of land in Winston County, alleging ownership of said lands. Paragraphs 3, 4 and 5 of the bill are as follows :

“3. That the above-named respondent, Mayo Barton, claims or is reputed to claim, some right, title or interest in, or encumbrance upon, said lands.

“4. And the above-named complainant, the State of Alabama,…