Davis v. Daniels
Supreme Court of Alabama
Appeal from Circuit Court, Pike County; A. B, Foster, Judge. Bill by Rosana Daniels against W. T. Davis, to quiet title to lands. From a decree overruling demurrers to the bill, the respondent appeals. The substance of the pleadings sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Pike County; A. B, Foster, Judge. Bill by Rosana Daniels against W. T. Davis, to quiet title to lands. From a decree overruling demurrers to the bill, the respondent appeals. The substance of the pleadings sufficiently appear from the opinion of the court. Counsel assert that in taking the appeal they do so with full knowledge of the holdings in 176 Ala. 72, 57 South. 488, 180 Ala. 231, 60 South. 823, and 190 Ala. 455, 67 South. 2E)0; but in view of the decision in 143 Ala. 597, 42 South. 110, and the requirements of section 5444, Code 1907, the conclusion is…
1Opinion of the CourtThomas, J.
The bill prayed that respondent be perpetually enjoined from asserting any right, interest, or incumbrance in or to the lands in question adverse to the right therein of complainant. Demurrer thereto was overruled, appeal taken, and such ruling assigned as error. Several grounds of the demurrer are, that the bill fails to aver that complainant is the owner of the lands described in the bill, and alleges only a claim of ownership. The averment is made that “the complainant is in the peaceable possession of the following described lands, • claiming to own them in her own right,” specifically…
2Cases cited23 opinions
- Wilks v. WilksSupreme Court of Alabama · 1912
- George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
- Adler v. SullivanSupreme Court of Alabama · 1896
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Kendrick v. ColyarSupreme Court of Alabama · 1904
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Campbell v. RiceSupreme Court of Alabama · 1943
- Rice v. ParkSupreme Court of Alabama · 1931
- Hobson v. RobertsonSupreme Court of Alabama · 1931
- Watson v. BakerSupreme Court of Alabama · 1934
13 more not listed; retrieve them via the Exa API.