Brand v. U.S. Car Co.

• Decision Date: 20 December 1900
• Citation: 30 So. 60,128 Ala. 579
• Parties: BRAND ET AL. v. UNITED STATES CAR CO. [1]
• Court: Alabama Supreme Court

30 So. 60

128 Ala. 579

BRAND ET AL. v. UNITED STATES CAR CO. ^[1]

Supreme Court of Alabama

December 20, 1900

Appeal from chancery court, Cherokee county; Richard B. Kelly Chancellor.

Bill by the United States Car Company against E. M. Brand and R. A Hammons. Decree for plaintiff, and defendants appeal. Affirmed.

The bill was filed under the statute to compel determination of claims to real estate in certain cases, and to quiet the title to the same, which statute is now incorporated into the Code of 1896, forming sections 809-813. It was averred in the bill that the complainant was "in peaceable possession both actual and constructive, of the whole of section 36 township 11, range 8 east, in Cherokee county, Alabama, and claims to own the same, and that its title thereto is denied or disputed by E. M. Brand, who resides in Lawrenceville, Georgia, and R. A. Hammons, who resides in Lawrenceville, Georgia"; that both of said parties claim some of said lands or some interest therein; that there was no suit pending to test the validity of such title or claims. The prayer of the bill was that said Brand and Hammons be made parties defendant, and that they be required to state and set forth and specify their title, claim, or interest in said lands, and to show how or by what instrument the same is derived or created, and that the chancellor would settle and quiet the title to said lands. The defendants answered the bill, setting up their claims thereto, in which they averred that one William Garmony, who had entered some of said sections from the government, and had purchased other portions of it from the patentee of the government, conveyed said section, in 1856, to one John T. Smith; that the administrator of John T. Smith, deceased, conveyed said lands in January, 1873, to one Merritt Camp; that on February 15, 1886, E. M. Brand, as administrator of Merritt Camp, deceased, conveyed said section of land to R. A. Hammons; and that on April 18, 1886, said R. A. Hammons conveyed said lands to the defendant E. M. Brand. Upon the final submission of the cause on the pleadings and proof, the chancellor decreed that the complainant was entitled to the relief prayed for, and further decreed that the complainant have a title to all of the land involved in the suit, and that the defendants had no interest or incumbrance upon said lands.

Harmon, Dent & Weil, for appellants.

Willett & Bros. and Thos. W. Coleman, Jr., for appellee.

TYSON J.

To constitute an actual possession of land, it is only necessary to put it to such use or exercise such dominion over it as in its present state it is reasonably adapted to. Goodson v Brothers, 111 Ala. 589, 20 So. 443. The land in controversy is reasonably suitable only for the growing of timber. Since 1891 the complainant and its predecessor in interest have had one George employed to guard the timber growing upon the lands from depredation, destruction, or conversion. George testified, and his testimony is undisputed, that ever since his employment he has gone over the land and inspected the timber as often as from one to three times each month; that he has preserved the timber, and prevented it from being cut; that he cut timber for ax handles and split other timber; and on one occasion collected from a trespasser the value of timber cut off this land. When McElrath, through whom the complainant claims to deraign title,...