Code of Alabama
Ala. Code § 6-6-336 (2026)
Extent of Inquiry.
✓ official Alabama Legislature (ALISON) text, current July 2026
The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land.
(Code 1852, §2859; Code 1867, §3307; Code 1876, §3704; Code 1886, §3389; Code 1896, §2135; Code 1907, §4271; Code 1923, §8012; Code 1940, T. 7, §975.)
Notes of Decisions
Cited in 3
cases, 1979–2014 · leading case: Darby v. Schley, 8 So. 3d 1011 (Ala. Civ. App. 2008).
Darby v. Schley, 8 So. 3d 1011 (Ala. Civ. App. 2008). “Although § 6-6-336 authorizes Schley to assert his claim to an ownership interest in the property as a defense to Darby’s claim for damages, Schley’s assertion of that defense did not deprive the Shelby District Court of jurisdiction *1014 because Schley's claim to an ownership…”
Jackson v. Davis, 153 So. 3d 820 (Ala. Civ. App. 2014). “Under these statutes, for example, the time for a response from the defendant is drastically reduced from the time permitted in other civil actions (§ 6-6-332), a continuance of the trial cannot exceed 15 days (§ 6-6-335), the scope of inquiry cannot include challenges to title…”
Mitchell v. Rogers, 370 So. 2d 263 (Ala. 1979). “Section 6-6-336, Code of Ala.1975, states the following: “The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful…”
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