Holland v. Coleman
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Heard before 1-Ion. W. H. Simpson. Bill by Mattie B. Coleman against John P. Holland an other to quiet title. From a decree for complainants respondents appeal.
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Appeal from Limestone Chancery Court. Heard before 1-Ion. W. H. Simpson. Bill by Mattie B. Coleman against John P. Holland an other to quiet title. From a decree for complainants respondents appeal. In order to maintain a bill filed under § 809 of the Code of Alabama, of 1896, § 5443 of the Code of 1907, to quiet title, the complainant must have an actual or constructive possession, which must be peaceable and undisputed as contradistinguished from a disputed or scrambling possession.-— Ladd i>. Powell, 144 Ala. 408; Randle v. Daughrill, 142 Ala. 490; Brand v. U. S. Gar. Go., 128 Ala. 579 \…
1Opinion of the CourtDenson, J.
This bill was filed February 3, 1905, and its averments are sufficient to make a good bill under article 13, Code 1896 (sections 809-813), to compel *466tlie determination of claims to land and to quiet title to the same.
The two sides trace title or claim to a common source —Mrs. Paulina Woodward. The complainant claims through a deed executed to her husband and herself by said Paulina Woodward on the 5th day of June, 1890, purporting to convey 120 acres of land, including the 40 acres involved in this litigation. Subsequent to the filing of this bill, complainant’s husband, who was. a party…
2Cases cited5 opinions
- George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
- Randle v. DaughdrillSupreme Court of Alabama · 1904
- Lyon v. ArndtSupreme Court of Alabama · 1904
- Morgan v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
- Crabtree v. Alabama Land Co.Supreme Court of Alabama · 1908
3Cited by12 opinions
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Chestang v. Tensaw Land & Timber CompanySupreme Court of Alabama · 1960
- Webb v. GriffinSupreme Court of Alabama · 1942
- Dennis v. McEntire Mercantile Co.Supreme Court of Alabama · 1914
- McGowin v. FeltsSupreme Court of Alabama · 1955
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