Crabtree v. Alabama Land Co.
Supreme Court of Alabama
Bill to Quiet Title. Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Alabama State Land Company against G. W. Crabtree to quiet title to land. From a judgment for complainant, defendant appeals.
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Bill to Quiet Title. Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Alabama State Land Company against G. W. Crabtree to quiet title to land. From a judgment for complainant, defendant appeals. The possession of respondent was under color of title and claim of ownership and this being once shown will be presumed to continue unless the contrary appears. — ■Downs v. Bailey, 135 Ala. 381; Clements v. Hayes, 76 Ala. 280. Adverse possession once established can be broken only in one of three ways; by acts of the real owner; by intrusion of a stranger or by…
1Opinion of the CourtDowdell, J.
The bill in this case is filed under section 809 et seq. of the Code of 1896 to quiet title to land. The answer of the respondent denies the allegations of the bill. The cause was heard on the pleadings and proof, and the final decree rendered in favor of the complainant.
The evidence of the complainant showed the legal title to the land to be in the complainant, the only possession being such as the legal title drew to it — a constructive possession under the law. The claim of the respondent was that of actual possession under color of title. In support of this claim the evidence of the…
2Cases cited3 opinions
- Randle v. DaughdrillSupreme Court of Alabama · 1904
- Ladd v. PowellSupreme Court of Alabama · 1905
- Lyon v. ArndtSupreme Court of Alabama · 1904
3Cited by10 opinions
- Buchmann Abstract & Investment Co. v. RobertsSupreme Court of Alabama · 1925
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Chestang v. Tensaw Land & Timber CompanySupreme Court of Alabama · 1960
- Price v. RobinsonSupreme Court of Alabama · 1942
- Carr v. MooreSupreme Court of Alabama · 1919
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