47 So. 192 | Ala. | 1908
— This was a bill to quiet title under tbe statute, filed by tbe appellant against tbe appellee. It is admitted that tbe respondent bolds tbe legal title, by several deeds going back to tbe original patent.
Tbe title of tbe complainant is deraigned by showing that in 1882 tbe complainant purchased from one Parker, who merely banded to him a deed which one Lee bad previously made to Parker, and Parker promised to make a deed whenever it was desired, but as a matter of fact never made any deed until June 13,1904.
Tbe land in question consists of 80 acres on which was a small log bouse, and a part of tbe land was inclosed and cultivated. Tbe decree of tbe chancellor gives to tbe complainant that part inclosed and cultivated, but holds that as to tbe remainder tbe complainant, not having proved pedis possessio, is not entitled to it. At tbe time be purchased from Parker, tbe complainant went into possession of tbe bouse, and through several successive transfers tbe possession has been kept up, finally coming back to tbe complainant; there being no deeds passed, except that, on each occasion of a charge of possession, tbe old deed (of Lee to Parker) was banded over. Tbe complainant claims that although be bad no deed conveying tbe land to' him, yet tbe contract of sale and tbe banding to him of tbe deed from Lee to Parker was sufficient to mark out tbe boundaries of bis possession, so as to operate as color of title to him and to tbe successors in possession.
Tbe transaction between tbe parties was nothing more than a verbal contract of sale, and while tbe deed which was handed over may have operated as a memorandum between tbe parties as to tbe land intended to be conveyed, yet it was in no sense color of title in tbe complainant. Although tbe decisions in other states are not harmonious, yet this court, after mature consideration,
The decree of the court is affirmed.
