Moore v. Alabama Nat. Bank

• Decision Date: 17 December 1903
• Citation: 139 Ala. 273,35 So. 648
• Parties: MOORE v. ALABAMA NAT. BANK.
• Court: Alabama Supreme Court

35 So. 648

139 Ala. 273

MOORE v. ALABAMA NAT. BANK.

Supreme Court of Alabama

December 17, 1903

Appeal from Chancery Court, Jefferson County; John C. Carmichael Chancellor.

Bill by Maggie B. Moore against the Alabama National Bank. From a decree sustaining a demurrer to the bill, complainant appeals. Affirmed.

The bill in this case was filed under the statute by the appellant, Maggie D. Moore, against the Alabama National Bank, to compel the determination of claims to real estate and quiet the title thereto. It was averred in the bill that the complainant was the owner of and "in the actual peaceable possession" of certain real estate situated in the city of Birmingham, which was specifically described. It was then averred "that the said Alabama National Bank claims to be the owner of said property above described, and claims some kind of interest in said premises or a part thereof, the exact nature of which is to your oratrix unknown, and said Alabama National Bank denies and disputes the validity of the title of your oratrix to said premises." The bill then continued with the following averments: "Your oratrix further shows that there is now no suit pending between your oratrix and said Alabama National Bank to enforce or test the validity of such alleged title or claim."

The prayer of the bill was that the defendant be required to show what right, title or interest it might have in and to said real estate, and set forth and specify what title, claim or incumbrance it has in or to said real estate, and how and by what instrument the same is derived or created, and that upon the final hearing of the cause, the right, title, claim interest, or incumbrance of the defendant be declared unlawful and invalid, and that it be adjudged and decreed that any claim, title or interest of the defendant be annulled and canceled, and that complainant be decreed to have an absolute right and title to said property. To this bill the defendant demurred upon the following grounds: (1) Said bill does not set forth such facts as give the court jurisdiction. (2) Said bill does not allege, as is specifically required by the statute, that there is "no suit pending to enforce or test the validity of such title claim or incumbrance" as complainant seeks to have settled.

Upon the submission of the cause upon the demurrer, the chancellor rendered a decree sustaining said demurrer, and allowing the complainant 15 days within which to amend his bill. From this decree the complainant appeals, and assigns the rendition thereof as error.

John J Moore, for appellant.

Henry Upson Sims, for appellee.

HARALSON J.

The bill was filed under ...