McBee v. Stallworth

The land and the title involved in this cause are the same as in Stein v. England, 202 Ala. 297, 80 So. 362. The action here is brought to recover a fractional interest resting upon the same muniments of title as did the fractional interest England was allowed to recover in the ease just above referred to. However, the case here presents considerations of law which do not appear to have been brought to the attention of the court in that case, as well as some elaboration of the facts, and the court-is of opinion that it should be differently decided — this, for the reason that the title in…