52 So. 593 | Ala. | 1910
To maintain a bill under the statute for the determination of claims to real estate and to quiet title thereto, it - is necessary for the complainants to aver and prove that at the time of the institution of the suit the complainants’ possession of the land involved was peaceable, as contradistinguished from disputed or contested,’ possession, and that it was tinder claim of ownership.-Lyon v. Arndt, 142 Ala. 486, 38 South. 242; Randle v. Daughdrill. 142 Ala. 490, 39 South. 162. We think the complainants’ possession was, at best, a mere scrambling one, attempted for the
The chancellor erred in granting complainants’ relief and the decree of the chancery court is reversed, and one is here rendered dismissing the bill.
Reversed and rendered.