142 Ala. 486
Decided November 15, 1904
Supreme Court of Alabama · decided 1904-11-15
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.
Relies on Adler v. Sullivan · Brand v. United States Car Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1904-11-15
Cited by 17 later decisions — most recently September 1960
1 district · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1To 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.
¶2We think the facts fully Avarranted the chancellor in dismissing the bill upon the final hearing.
¶3Affirmed.