Kendrick v. Colyar
Supreme Court of Alabama
Appeal from the Chancery Court of DeKalb. Heard before tbe Hon. William Simpson. The bill in tills cause was filed under Section 809 of tbe (Vide to quiet tbe title to the mineral rights in the E. half of N. W. quarter of Sec. 15, Tp. 3, R. 10, E. Both parties claim title under mesne conveyances from B. F. Adkins.
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Appeal from the Chancery Court of DeKalb. Heard before tbe Hon. William Simpson. The bill in tills cause was filed under Section 809 of tbe (Vide to quiet tbe title to the mineral rights in the E. half of N. W. quarter of Sec. 15, Tp. 3, R. 10, E. Both parties claim title under mesne conveyances from B. F. Adkins. On April 4, 1884, B. F. Adkins attempted to convey the mineral rights in lands in question to J. C. Warner and L. S. Colyar. and it was from the last two named persons complainant (appellee) obtained title. The deed from Adkins to 1 Varner and Colyar undertook to convey mineral…
1Opinion of the CourtTyson, J.
The bill in this cause was filed under section 809 et seq. of the Code.
It avers that complainant has been for the past several years in the peaceable possession of the mineral interest in a certain eighty acres of land described, claiming to own the same, and that respondent claims, or is reputed to claim, some interest in the land or to hold some lien or incumbrance thereon and no suit is pending to enforce or test the validity of such title, claim or incumbrance, etc. It is not averred that complainant is the owner of the mineral interest which she claims to own. Objection was taken to the…
2Cases cited3 opinions
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Martinez v. LindseySupreme Court of Alabama · 1890
- Sparks v. Woodstock Iron & Steel Co.Supreme Court of Alabama · 1888
3Cited by18 opinions
- George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
- Burkett v. NewellSupreme Court of Alabama · 1924
- Woodland Grove Baptist Church v. WOODLAND GROVE COMMUNITY CEMETERY ASSOCIATIONSupreme Court of Alabama · 2006
- Davis v. DanielsSupreme Court of Alabama · 1920
- Warrior River Coal & Land Co. v. Alabama State Land Co.Supreme Court of Alabama · 1907
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