44 So. 705 | Ala. | 1907
These two cases were tried together, and submitted here together, by agreement. The bills were filed by the appellant, and sought to quiet the title as against both defendants to N. E. 1-4 of N. E. 1-4 of section 17, township 18 S., range 1 W., in Jefferson county, and as to the Tennessee Coal, Iron & Railroad Company to the four 40-acre tracts of land in said county described as follows: The N. W. 1-4 of the N. E. 1-4 and the N. E. 1-4 of the N. W. 1-4 of section 17, and the S. W. 1-4 of S. E. 1-4 ánd S. E. 1-4 of S. W. 1-4 of section 8, all in township 18 S., range 1 W. The parties agreed in writing that the defendants, respectively, held perfect paper titles to the land and that the complainant claimed only by adverse possession. No claim of adverse possession, under Code 1896, § 1541, has ever been filed by the complainant. The testimony shows that complainant is living in a house on the N. E. 1-4 of section 17, township 18, range 1, around which is a fence inclosing 6 or 6 1-2 acres. The decree of the chancellor declares that the defendants have the legal titles to all of the lands respectively claimed by them, and are entitled to the same, except as to the surface of said home place; the minerals thereunder being owned by the Sloss Iron & Steel Company.
The complainant testified that he entered upon the land in 1872, built the house, sold out his claim, and af-terwards bought it back, moving there the second time January 10, 1882, since which time he has continued to live there, and that it has been fenced practically all of the time; that he claimed it as his home from the first, but that he knew when he entered it that he did not have
Even if a person who acknowledges that be went into possession as a mere trespasser without any claim of right, could be said to be holding adversely to the true owner, the evidence in this case does not come up to the requirement of the law as to that part of the land which the chancellor decreed to the defendants. — Chastang v. Chastang, 141 Ala. 451, 458, 37 South. 799, 109 Am. St. Rep. 45, and cases cited. The statute does not provide for any more distinct decree in favor of the complainant than was rendered in this case, but provides only that the court shall “decree whether the defendant has any right, title, or interest in, or incumbrance upon, such lands, or any part thereof,” etc., and makes the decree binding on both parties. — Code 1896, § 812. The decree of the court is affirmed.
Affirmed.