COOPER v. ADAMS

SC 1309.

322 So.2d 706 (1975)

James L. COOPER v. Joe H. ADAMS.

Supreme Court of Alabama.

November 6, 1975.


Attorney(s) appearing for the Case

H. Evins Hamm, Huntsville, for appellant.

David E. Worley, Huntsville, for appellee.


MERRILL, Justice.

This appeal is from a summary judgment in favor of plaintiff in a statutory quiet title action, Tit. 7, § 1109, Code 1940. The judgment must be reversed.

Plaintiff, Joe H. Adams, initially filed an action in the nature of ejectment against the then defendant, Jack Cantrell. His complaint stated that he "sues to recover possession of the following tract of land" (describing it as containing approximately 0.87 of an acre). Cantrell demanded...

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