61 So. 286 | Ala. | 1913
The complainant being neither the present owner, nor claimant of the land, nor in the possession of same, actual or constructive, cannot maintain a bill to quiet title under the statute, or otherwise, independent of some other equity.
The equity attempted to be set out in the bill is based upon the idea that the complainant has an equitable defense to the pending action at law, not available in a court of law, and we are unable to conclude, from the averments of the bill, that such is the case. The hill
The chancery court erred in not sustaining the respondent’s demurrer to the bill for want of equity, and the decree is reversed, and one is here rendered sustaining said demurrer. Under the rule laid down in the case of Singo v. Brainard, 173 Ala. 64, 55 South. 603. the case is remanded.
Reversed, rendered, and remanded.