Ladd v. Powell
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Ti-iomas H. Smith. The bill in this cáse was filed by the appellees against the appellants under the statute, for the purpose of quieting the title to certain lands and compelling the determination of the claims thereto. The facts of the case necessary to an understanding* of the opinion on the present appeal are sufficiently set forth therein.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Ti-iomas H. Smith. The bill in this cáse was filed by the appellees against the appellants under the statute, for the purpose of quieting the title to certain lands and compelling the determination of the claims thereto. The facts of the case necessary to an understanding* of the opinion on the present appeal are sufficiently set forth therein. On the final submission of the cause upon the pleadingg and proof, the chancellor rendered a decree granting the relief prayed for and ordering and declaring that the defendants have no…
1Opinion of the CourtAnderson, J.
This bill was filed to quiet title to land, under § 809 of the Code of 1896.
This court has repeatedly held that in order to maintain such a bill, the complainant must have the actual or constructive possession, peaceable and undisputed, as contradistinguished from a disputed or scrambling one. Lyon v. Arndt, in MS.; Randle v. Daughdril, in MS.; Brand v. U. S. C. Co., 128 Ala. 579; Adler v. Sullivan, 115 Ala. 582.
The complainants established title through their ancestor, W. G. Powell the patentee, and in the absence of the actual possession of another, the law fixes the constructive possession…
2Cases cited2 opinions
- Adler v. SullivanSupreme Court of Alabama · 1896
- Brand v. United States Car Co.Supreme Court of Alabama · 1900
3Cited by20 opinions
- Buchmann Abstract & Investment Co. v. RobertsSupreme Court of Alabama · 1925
- 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
- Price v. RobinsonSupreme Court of Alabama · 1942
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