Hooper v. J. H. & W. B. Bankhead
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by J. H. & W. B. Bankhead against John DeB. Hooper to quiet title. From a decree overruling respondent’s demurrer to the bill he appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by J. H. & W. B. Bankhead against John DeB. Hooper to quiet title. From a decree overruling respondent’s demurrer to the bill he appeals. The bill should have set forth facts showing title to the land in complaint instead of resting upon the mere naked averment of that fact. — Berry v. T. & O. R. R. Bo., 134 Alá. 622. The bill fully conforms to all the requirements of section. 5444, Code 1907. The court is not required to ascertain the strength of plaintiff’s title. — Kendricks v. Oolyar, 143 Ala. 597.
1Opinion of the CourtAnderson, J.
The bill was filed under chapter 127 of the Code of 1907 to quiet the title to land therein described, and compiled with section 5444 as to the averment of ownership and possession by the complainants.
It is insisted by the appellant that the failure of the bill to set out the source of complainant’s title rendered it subject to this ground of the demurrer interposed by him. The (statute neither requires nor contemplates that the source of the complainant’s claim or title should be set out in the bill of complaint. — Kendrick v. Colyar, 143 Ala. 597, 42 South. 110. The case of Berry v. T. & C.…
2Cases cited2 opinions
- Kendrick v. ColyarSupreme Court of Alabama · 1904
- Berry v. Tennessee & Coosa RailroadSupreme Court of Alabama · 1902
3Cited by3 opinions
- Campbell v. RiceSupreme Court of Alabama · 1943
- Davis v. DanielsSupreme Court of Alabama · 1920
- Dalrymple v. WhiteSupreme Court of Alabama · 1981