Joiner v. Glover
Decision Date | 14 February 1918 |
Docket Number | 4 Div. 765 |
Citation | 201 Ala. 279,78 So. 55 |
Parties | JOINER v. GLOVER. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Pike County; T.L. Borum, Special Judge.
Bill by J.A. Joiner against J.W. Glover to remove cloud from title. From decree sustaining demurrer, complainant appeals. Reversed, rendered, and remanded.
J.A Carnley, of Enterprise, for appellant.
C.C Brannen and John H. Wilkerson, both of Troy, for appellee.
The bill is one to remove cloud from title to land. The bill in some of its stating parts, however, does follow the language used in the statutes (Code, § 5444 et seq.) to quiet and determine title; and this probably misled the trial judge into treating it purely as a statutory bill to quiet and determine title. It is very true that under a statutory bill filed under these statutes, relief may be granted by canceling deeds or conveyances as clouds on title, as incident to complete relief; but the statutes do not take away the jurisdiction of equity, to remove cloud from title which equity had prior to their passage. It has been held by this court that our statute to quiet title is remedial, and that a statutory bill may be amended so as to afford relief by way of removing cloud from title.
Where the bill was originally filed as a bill to quiet title strictly under the statute, it may be amended by adding averments seeking relief from an alleged void mortgage constituting respondent's claim to the property. State Land Co. v. Mitchell, 162 Ala. 469, 50 So. 117.
In alleging facts to show possession on the part of complainant he followed the language used in the statute, and this, no doubt, led the trial judge to treat the...
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