Burgin v. Hodge

THOMAS, 3.

The bill and proof were insufficient under the statute to quiet title to real estate. Code, § 5443; Davis v. Daniels, 204 Ala. 374, 85 South. 797. It is not averred and shown that complainants were in the peaceable possession of the land, actual or constructive, as distinguished from a disputed or “scrambling possession.” Foy v. Barr, 145 Ala. 244, 39 South. 578; Carr v. Moore, 203 Ala. 223, 82 South. 473.

The foundation of complainants’ claim or title to the land is upon an alleged mortgage, purporting to have been executed by George W. Burgin and others (not by his wife) to Nelson…