Ethel B. Mcgowin Et Al. v. J. R. Felts Book Reviews

Ethel B. Mcgowin Et Al. v. J. R. Felts by Supreme Court of Alabama Book Summary

MAYFIELD, Justice. This is an appeal from a final decree of the Circuit Court of Butler County, in Equity. The decree is on
a statutory bill to quiet title filed by appellee under the authority of Code of 1940, Title 7, Section 1109, which statute
provides as follows: 'When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own
right or as personal representative or guardian, and his title thereto, or any part thereof, is denied or disputed, or any
other person claims or is reputed to own the same, or any part thereof, or any interest therein, or to hold any lien or encumbrance
thereon, and no suit is pending to enforce or test the validity of such title, claim or encumbrance, such person or his personal
representative or guardian, so in possession, may bring and maintain a suit in equity to settle the title to such lands, and
to clear up all doubts or disputes concerning the same.' In construing the foregoing act, this court has repeatedly held that
in order to maintain the statutory action the proof must show a peaceable possession in the complainant, as contradistinguished
from a contested, disputed or scrambling possession. Price v. Robinson, 242 Ala. 626, 7 So.2d 568 (citing 5 earlier Alabama
cases). See, also, Hinds v. Federal Land Bank of New Orleans, 237 Ala. 218, 186 So. 153; Kinney v. Steiner Bros., 167 Ala.
494, 52 So. 593; Holland v. Coleman, 162 Ala. 462, 50 So. 128; Lyon v. Arndt, 142 Ala. 486, 38 So. 242.

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