Lyon v. Arndt
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Ti-iomas H. Smith. The bill in this case was filed by the appellant, Emily C. Lyon against George E. Arndt, and was filed under the statute authorizing the filing of bills in chancery to quiet title, and to determine claims for real estate. In the bill the complaint averred that she was in the actual, peaceable possession of the lands described, claiming to own and did own the same.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Ti-iomas H. Smith. The bill in this case was filed by the appellant, Emily C. Lyon against George E. Arndt, and was filed under the statute authorizing the filing of bills in chancery to quiet title, and to determine claims for real estate. In the bill the complaint averred that she was in the actual, peaceable possession of the lands described, claiming to own and did own the same. The other averment of the bill were in substantial compliance with the statute. The respondent, in his answer, denied that the complainant owned the…
1Opinion of the CourtAnderson, J.
To maintain this bill it requires a peaceable possession as contradistinguished from disputed or contested possession and that it should be under claim of ownership. — Code, 1896, § £03; Brand v. U. S. Car Co., 128 Ala. 579; Adler v. Sullivan, 115 Ala. 582.
We think the facts fully Avarranted the chancellor in dismissing the bill upon the final hearing.
Affirmed.
McClellan, C. J., Tyson and Simpson, J.J., concurring.
2Cases cited2 opinions
- Adler v. SullivanSupreme Court of Alabama · 1896
- Brand v. United States Car Co.Supreme Court of Alabama · 1900
3Cited by19 opinions
- George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
- Chestang v. Tensaw Land & Timber CompanySupreme Court of Alabama · 1960
- McCaleb v. WorcesterSupreme Court of Alabama · 1932
- Central of Georgia Railroad v. RouseSupreme Court of Alabama · 1912
- Carr v. MooreSupreme Court of Alabama · 1919
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