Weaver v. Eaton

• Decision Date: 17 December 1903
• Citation: 35 So. 647,139 Ala. 247
• Parties: WEAVER v. EATON.
• Court: Alabama Supreme Court

35 So. 647

139 Ala. 247

WEAVER v. EATON.

Supreme Court of Alabama

December 17, 1903

Appeal from Chancery Court, Autauga County; Richd. B. Kelly Chancellor.

Bill by W. A. Weaver against E. G. Eaton. From a decree sustaining a demurrer to the bill, complainant appeals. Affirmed.

It was averred in the bill that the complainant "owns and is in peaceable, constructive, and actual possession" of certain lands specifically described; "that E. G. Eaton who is over the age of 21 years, and resides in Autauga county, Ala., claims or is reputed to claim some right title, or interest in and to said land; and that no suit is pending in any court to enforce or test the validity of said title or claim." The bill then continues as follows "That your orator hereby calls upon the said E. G. Eaton to set forth and specify his title, claim, or interest in and to said southeast 1/4 of section 3, township 19, range 12, in Autauga county, Ala., or in and to any part thereof, and to set forth and specify how or by what instrument the same is derived and created." The prayer of the bill was as follows: "The premises considered, your orator prays that the said E. G. Eaton be made a party defendant to this, your orator's, bill of complaint. And that upon the final hearing of this cause that your honor be pleased to decree that said E. G. Eaton has no estate, interest, right, claim, or title in and to the said" lands specifically described. There was also a prayer for general relief. The defendant demurred to the bill, among others upon the following grounds: (1) For that said bill only requires this respondent to set forth his estate or interest in said lands therein described, and, from aught that appears from said bill, he may have an incumbrance upon said lands. (2) For that said bill does not require this respondent to set forth and specify what incumbrance he has on said lands. (3) For that this respondent is not called upon by said prayer to set forth and specify what title, claim, interest, or incumbrance he claims upon said property.

Wm. A. Collier, for appellant.

Knox, Dixon & Burr, for appellee.

McCLELLAN C.J.

The purpose of the act of December 10, 1892, was to give a remedy to persons in possession of and claiming to own lands to clear the title thereto from all conflicting claims, or, in the words of its caption, "to compel the determination of claims to real estate in certain cases and to quiet the title to the same." The contemplation was not that the remedy thus provided should be resorted to to settle any particular conflict in claims of title, interest, or incumbrance. It was not contemplated that the status of ownership of a given tract of land, or the rights of parties in respect thereto, shall be determined primarily by the bill and proceedings which the statute authorizes; but the contemplation was that all and every...