Code of Alabama

Ala. Code § 6-6-543 (2026)

Trial by Jury or Determination by Court; Entry and Effect of Judgment.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or any specified issue of fact presented by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof; and when a trial by jury is not requested, or as to the facts for which the same is not requested, the court shall consider and determine any title, claim, interest, or encumbrance. The court shall, upon the finding of the jury or upon such consideration and determination, finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or encumbrance is and in or upon what part of the lands the same exists; and such judgment is binding and conclusive upon all the parties to the action.

(Code 1896, §812; Code 1907, §5446; Code 1923, §9908; Code 1940, T. 7, §1112.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2008–2024 · leading case: Smith v. Gaston, 1 So. 3d 1043 (Ala. Civ. App. 2008).

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Smith v. Gaston, 1 So. 3d 1043 (Ala. Civ. App. 2008). · cites it 3× “2004) (“Though the action to quiet title is a statutory extension of the equitable jurisdiction of the circuit courts, trial by jury is afforded as of right on proper demand by any party under [§ 6-6-543].”

Jones-Lowe Co. v. S. Land & Expl. Co., 18 So. 3d 362 (Ala. 2009). · cites it 2× “See also Ala.Code 1975, § 6-6-543 (“The court shall, upon the finding of the jury or upon [its own] consideration and determination [where it sits as the fact-finder], finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, .”

King, King & King Attorneys at Law, PC v. Lisa Drum (Appeal from Etowah Circuit Court: CV-19-900097). (Ala. Civ. App. 2024). · cites it 2× “" 18 CL-2024-0085 An action pursuant to § 6-6-540 is an in personam action to determine the parties' respective interests, if any, in lands.”

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