David Childers and Robert Deshawn Childers v. Leroy Darby

Summary

The Supreme Court of Alabama reversed the judgment quieting title in Leroy Darby because the evidence did not show that he was in actual or constructive peaceable possession, as required for either statutory quiet-title theory he invoked. The complaint was adequately pleaded because it identified the statutory basis, described the property, and alleged facts demonstrating possession and the competing claims. The court also concluded that the record did not support quieting title in the Childers defendants. Moore, Chief Justice, specially concurred, agreeing that Darby lacked peaceable possession but noting that an ejectment-type action could be available to a titleholder seeking possession.