Cox v. Lewis
Supreme Court of Alabama
Bill to Quiet Title. Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. • Bill by Mrs. I. B. Lewis and others against E. E. Cox, to quiet title to land.
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Bill to Quiet Title. Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. • Bill by Mrs. I. B. Lewis and others against E. E. Cox, to quiet title to land. Decree for complainants and respondents appeal. — In an action of this character neither party is entitled to any final relief beyond a determination of the status of the title between them. — Interstate B. & L. Assn. v. Stocks, 124 Ala. 109. Plroof must show a peaceable possession, as against-a contested, disputed or scrambling possession. —Ladd v. Powell 39 South. 46; Randall v. Daughdrill, et al.-, 39 South. 163. Actual…
1Opinion of the CourtMoCLELLAN, J.
— If it is assumed that the bill’s prayer sought relief beyond that possible under a statutory bill to quiet title to real estate (Code, § 5443 et seq.), and that without averring facts sufficient to justify the extended relief prayed, no prejudicial error attended the overruling of the demurrers to the bill (if they took the point indicated), since the court’s decree in the premises conformed strictly, in nature and effect, to a decree responding to a bill drawn within the let*159ter of the statutes cited. It adjudged only that the defendant had no right, title, interest, or claim in or to the…
2Cited by2 opinions
- Tilley v. TuckerSupreme Court of Alabama · 1954
- Armstrong v. DaileySupreme Court of Alabama · 1987