Rucker v. Tennessee Coal, Iron & Railroad
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by E. W. Rucker against the Tennessee Coal, Iron & Railroad Company to quiet title to land. Decree for respondent and complainant appeals. The question is one of title in this case, as neither party had anything other than a mere constructive possession which is drawn to it by the title. — O’Neal v. Prestwood, 153 Ala. 446. Appellant acquired title under deed from Henley.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by E. W. Rucker against the Tennessee Coal, Iron & Railroad Company to quiet title to land. Decree for respondent and complainant appeals. The question is one of title in this case, as neither party had anything other than a mere constructive possession which is drawn to it by the title. — O’Neal v. Prestwood, 153 Ala. 446. Appellant acquired title under deed from Henley. Descent of title is not interrupted by the will of Thomas Peters, the ancestor. — Tarver v. Haines, 55 Ala. 503; Mitchell v. Spence, 62 Ala. 450;…
1Opinion of the CourtSayre, J.
This is a statutory bill by the complainant, appellant here, to quiet title to land. The cause was submitted for final decree on the pleading and an agreed statement of facts, and from a final decree in favor of the defendant the present appeal is prosecuted.
In the bill the land in controversy is described as S. W. % of the S. W. 14 of section 28, township1 17 S., range 4 W., and N. W.% of N. W. % of section 29, township 17 S., range 6 W., situated in Jefferson county, Ala. The court judicially knows that here are two separate tracts. There was no demurrer; but by its answer defendant brought…
2Cases cited23 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Wilson v. HoltSupreme Court of Alabama · 1887
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Betts v. WardSupreme Court of Alabama · 1916
- Awbrey v. EstesSupreme Court of Alabama · 1927
- Wittmeir v. LeonardSupreme Court of Alabama · 1929
- McCollum v. BurtonSupreme Court of Alabama · 1930
12 more not listed; retrieve them via the Exa API.