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• Title: C. E. Quinn Et Al. v. George W. Hannon
• Author : Supreme Court of Alabama
• Release Date : January 24, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

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GOODWYN, Justice. Appellants, complainants and cross-respondents below, filed a bill in equity against appellee, respondent
and cross-complainant below, seeking to quiet title to an eighty acre tract of 'wild land' located in St. Clair County. The
bill avers that 'complainants are the owners' of said land and 'are in quiet and peaceable possession of same'; that 'respondent
is reputed to claim some right, title, interest, lien, claim or encumbrance in, upon or to the said real estate'; and that
'no suit is pending to test the validity of the respondent's said claim.' The respondent is called upon 'to set forth his
claim' to the land 'and by what instrument it is derived.' The prayer is for a decree adjudging that respondent 'has no right,
title, interest, lien or encumbrance in, to or upon said land.' Respondent filed an answer to the bill, making the answer
a cross-bill, in which it is denied that complainants 'are in the quiet, peaceable possession' of the land and averring that
'complainants have never been in the actual or constructive possession of said real estate.' It is further averred that respondent
'holds title' to said land 'under and by virtue of a conveyance from H. H. Montgomery, Superintendent of Banks of Alabama,
liquidating Leeds State Bank, under date of September 9, 1931, which deed is of record in the office of the Judge of Probate
of said county at Pell City in Deed Volume 20, page 574, and further that the Respondent was placed in possession of said
lands at the time of the execution and delivery of said deed as aforesaid, and that he has remained in the actual, peaceable
and uninterrupted possession of said lands, exercising actual acts of ownership thereon by going upon and keeping off trespassers
regularly and consecutively each year, and by cutting and removing timber from various parts of said lands to the exclusion
of all persons.'; that complainants claim title and the right to the possession of said lands under and by virtue of a tax
deed from the State Land Commissioner dated February 12, 1947, and filed for record in St. Clair County on February 24, 1947;
that the tax sale was 'erroneously made'; that if respondent is liable for any tax 'it would be for one year's taxes and expenses
of sale, which respondent offers to pay into Court, and respondent offers to do equity and to perform and comply with any
order or decree made in said cause.' The prayer of the cross-bill is for a decree '(a) setting aside, canceling and annulling
the purported tax sale of said lands, (b) divesting out of the complainants any right, title, interest or claim in and to
said real estate and removing the same as a cloud upon the title of respondent and vesting into respondent all right, title
and interest in said real estate.' The manifest purpose of the cross-bill is to redeem from an alleged void tax sale. In stating the case, we have passed over pleadings and rulings thereon which are not involved on this appeal.

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