Lyon v. Arndt

142 Ala. 486

Opinion

ANDERSON, J.

To maintain this bill it requires a peaceable possession as contradistinguished from disputed or contested possession and that it should be under claim of ownership. — Code, 1896, § £03; Brand v. U. S. Car Co., 128 Ala. 579; Adler v. Sullivan, 115 Ala. 582.

We think the facts fully Avarranted the chancellor in dismissing the bill upon the final hearing.

Affirmed.

McClellan, C. J., Tyson and Simpson, J.J., concurring.