(Download) "Clement S. Chestang v. Tensaw Land" by Supreme Court of Alabama ~ eBook PDF Kindle ePub Free
eBook details
- Title: Clement S. Chestang v. Tensaw Land
- Author : Supreme Court of Alabama
- Release Date : January 08, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
GOODWYN, Justice. Appellant, Clement S. Chestang, filed in the circuit court Mobile County, in equity, pursuant to Code 1940, Tit. 7, § 1109 et seq., a bill to quiet title to certain described lands located in said county. The bill alleges that complainant is 'in peaceable possession' of the lands, that the respondent, Tensaw Land & Timber Company, Inc., 'claims or is reputed to claim some right, title or interest in, or encumbrance upon, all or a portion' of said lands, and that 'no suit is pending to enforce or test the validity of such title, claim or encumbrance.' The bill also calls upon the respondent, pursuant to § 1110, Tit. 7, 'to set forth and specify its title, claim, interest or encumbrance upon said land and how or by what instruments the same is derived and created.' Respondent's demurrer to the bill being overruled, it answered the bill, denying only that complainant was in peaceable possession of the lands and setting forth the basis of its interest therein as follows, to-wit: 'Respondent claims an interest in the real property acquired by Everette Boykin about forty (40) years ago from the Exchange Land Company for the Southeast Quarter and Southeast Quarter of the Southwest Quarter of Section 26, Township 1 North, Range 1 West. This Respondent alleges that it had been continuously paying taxes on said land in its name or in its predecessors in title's name for more than ten (10) years next preceding the date that the bill was filed in this case and has express rights of possession thereof.' There was no cross-bill.