Sisson v. Swift

• Citation: 243 Ala. 289,9 So.2d 891
• Decision Date: 25 June 1942
• Docket Number: 1 Div. 156.
• Parties: SISSON v. SWIFT.
• Court: Supreme Court of Alabama

9 So.2d 891

243 Ala. 289

SISSON v. SWIFT.

1 Div. 156.

Supreme Court of Alabama

June 25, 1942

Oct 8, 1942.

Appeal from Circuit Court, Baldwin County; F.W Hare, Judge.

Harry T. Smith & Caffey, of Mobile, for appellants.

Hybart & Chason, of Bay Minette, for appellees.

THOMAS, Justice.

The bill as amended was to quiet title. It is filed against the land as a proceeding in rem, and against the respondents. That pleading complies with the required allegation under § 9912 et seq., Code 1923, Code 1940, T. 7, § 1116, and was a compliance with § 9905 et seq., Code 1923, Code 1940, T. 7, § 1109 et seq. The latter is the statute long prevailing to quiet title.

The Act of October 1, 1923, Acts 1923, p. 699, known as the Grove Act and entitled, "To provide for the establishment of titles to real estate by a proceeding in rem," has been codified in §§ 1109 to 1115, Code 1940, T. 7. The previous system of procedure for quieting title is preserved intact. The two systems overlap as to bills of complaint by persons "in the actual, peaceable possession" of the land with respect to relief against known respondents upon whom process is served. The Grove Act extends the relief to cases where no one is in the actual possession, if the complainant or he and those under whom he claims, has held color of title and has paid the taxes for ten or more consecutive years next preceding the suit; and to cases where the complainant or he and his privies in claim has paid the taxes during the whole of such period, and no other person has paid the taxes during any part of said period, regardless of the status of actual possession. Miller v. Gaston, 212 Ala. 519, 520, 103 So. 541.

The answer of respondents among other things is:

"Each of the Respondents disclaims any right, title or interest in any of the tracts of land described in the caption of the complaint or any portion thereof, save and except such portions thereof as are covered by the following described lands, viz: (Italics supplied.)

"Commencing at the SW corner of the Thomas Powell tract, thence

northwesterly along the west line of said tract, to a point where the SE corner of land owned by John Nolte intersects said Thomas Powell tract, thence SW along the southerly line of said land owned by John Nolte to the first stake standing on said line owned by said Nolte and purchased of H.A. Grist thence SE on a line parallel with the westerly line of the Thomas Powell tract as far as the end thereof, thence continuing said line in the same direction parallel with the Southwesterly line of the Cataline Plock Claim to the point of intersection with the west line of section eight (8) thence north on said section line to the intersection thereof with the Thomas Powell tract, thence NE along the end of said tract to a stake in the center thereof, thence southeasterly on a line parallel with the SW line of the Cataline Plock Claim to the intersection of said line with the N line of section seventeen (17), thence westerly on said section line to the west line of section eight (8) to the first point of intersection of said section line as aforesaid, and also the SE quarter of the NE quarter and NE quarter of SE quarter of section seven (7), all in township eight (8) south, range three (3) east in county of Baldwin, State of Alabama."

Respondents further say said lands are owned by appellee, "Said property, so described, being Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 according to that certain map of the Sisson lands, situated in Fractional Sections 6, 7 and 8, Township 8 South, Range 3 East, made by W.L. Durant, under date of June 8, 1913 and recorded August 31, 1915, in Map Book 1, page 2 in the Office of the Probate Judge of Baldwin County, Alabama, * * *."

It is alleged that complainant was not in possession of any part of the land when the bill was filed. The sale of lands under the later survey by the United States Government and conveyances made from time to time by respective parties claiming an interest therein has caused confusion. So of the reference to the river to which the lands are adjacent.

It will be noted that in several of the ancient conveyances there are recitals of material facts to be considered. On March 1, 1859, the United States patented fractional Section 8, T. 8 South, Range 3 East, to John G. Williams. Instead of being surveyed in quarter sections, the land was surveyed in lots indicated from one to nine, inclusive, south and west of Cataline-Plock Grant.

The patent to Williams of said fractional section 8 covers lands here claimed by the appellant Nannie L. Sisson, and part of the lands claimed by Wesley Sisson.

As we indicate, John G. Williams, living in North Carolina, under date of January 24, 1867, made a deed of assignment for the payment of named and unnamed creditors, and purported to be a certain large tract of land in Baldwin County and stated that the lands were conveyed to Thomas C. Singletary in trust to apply the proceeds of sale to payment of debts. The descriptions in the said deed of trust dated January 24, 1867 of John G. Williams to Thomas C. Singletary state that there are contained in said tract of land 12,000 acres. Said lands are described as follows: " * * * My interest (being the un-divided one-half) on a tract of land situated on the East Prong of Fish River in Baldwin County, Alabama, known as the William & Grist or Grist & Stickney Place, containing Seventh-five Hundred (7500) acres more or less, with stills and appurtenances there unto belonging. Also my un-divided one-half interest in the tract of land near the North Prong of Fish River and partly on Pole Cat Creek known as the property of William & Rupert, also my un-divided one-half interest in a tract of land adjoining the one last mentioned, known as the property of Rupert Whitehurst Company containing about Twelve Thousand (12,000) acres more or less, * * *."

The alleged John Williams heirs conveyed to T. Green, on June 25, 1896 lands described as follows: " * * * all our rights and title in any-way belonging, inherited by us under the deed of trust from said John G. Williams to Thomas Stickney, also deceased, in all these pieces parcel for tract of land being lying and situated in Baldwin County in the state of Alabama and described as the one-undivided half interest in the lands known as the John G. Williams & John W. Grist Land and John W. Grist, John G. Williams, & Alexander T. Redditt Land in Township Eight (8) South, Range Three (3) and Four (4) East, and in Township Seven (7) South, Range Three (3) East, and the same tract of land conveyed and deeded to John G. Williams to John W. Grist and to John W. Grist to John G. Williams in said Township and ranges above aforesaid by Alexander T. Redditt and wife, A.G. Orrill, Stephen Dowty, John C. Orrill, Samuel M. Labazan, Chritpher Orrill, Jacob McGee, and wife, Thomas F. Stickney and Register and Receiver of the Lands Office, St. Stephens, Ala., containing about Seven Thousand (7000) acres more or less in the above aforesaid Township and Ranges, all of said land will be more fully described by referring to the deed and reports; * * *, and all other land belonging to said John G. Williams in said County and State aforesaid." (Italics supplied to indicate errors in original transcript.) It is recited in this instrument as to ownership: "That we, Hattie M. Banks and her husband of Gainsville in the state of Georgia, C.H. Watkins and J.L. Watkins, her husband of Milton in the State of North Carolina and John W. Snead of Gainsville in the State of Georgia, now of mature age and unmarried, that being the sole and surviving heirs of John Williams, deceased of Beauford in the state of North Carolina." (Italics supplied.)

The consideration was $1,000.

On July 20, 1898, Thaddeus Green, "a single man," " * * * conveyed and delivered unto the said Carrie C. McNulty and assigns all my right, title and interest in any way belonging to me in and to all those pieces, parcels and tracts of land being, lying and situated in Baldwin County in the State of Alabama, heretofore conveyed to me by Deed from Hattie Banks et al., dated 25th day of June, A.D. 1896, recorded in Book 'x' of Deeds, pages 558-560 in the Probate Court of Baldwin County, State of Alabama, and described as the one undivided half interest in the lands known as the John G. Williams and John W. Grist lands and the John W. Grist and John G. Williams and Alexander T. Redditt lands in Township 8 south, Ranges 3 and 4 East, and in Township 7 South, Range 3 East being the same tract of land conveyed and deeded to John G. Williams and John W. Grist and John G. Williams in said township and ranges above referred to aforesaid by Alexander T. Redditt, A.G. Orrell, Stephen Dowty, John G. Orrell, Sam'l M. Labuzan, Christopher Orrell, Jacob McGee, Thomas F. Stickney and Register and Receiver of the Land Office at St. Stephens, Alabama, containing about 7,000 acres, more or less, in the aforesaid township and ranges, all of said lands will be more fully described by reference to the Deeds and Records in the Probate Court of Baldwin County; * * *."

The record further shows a conveyance of date of March 11, 1904, signed by the alleged Singletary heirs, conveying the lands therein indicated to Carrie C. McNulty, reciting ancient facts. The record further shows a conveyance by Carrie C. McNulty to C.A. Swift of lands described as "all the real property in Baldwin County, Alabama, more particularly described as follows:

"All of fractional section 6. All of Fractional section 7, except the NE 1/4 of the NE 1/4 and the SW 1/4 of the SW 1/4. All of fractional section 8, * * *. All the above described lands is in Township eight south of range three east St. Stephens Meridian.

"Also all...