Code of Alabama

Ala. Code § 6-6-561 (2026)

Contents of Complaint.

✓ official Alabama Legislature (ALISON) text, current July 2026
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A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land or the interest therein sought to be established, with certainty, and state specifically what claim, title, or interest in, or to, said lands the plaintiff claims to have and from whom and how such interest or title so claimed in, or to, said lands was obtained. It shall also make party or parties defendant to said complaint all persons against whom the plaintiff claims title to said lands, or the interest therein sought to be established, and if the names of such persons cannot be ascertained by the plaintiff with certainty, they may be designated and joined as unknown parties. Such complaint shall also make party or parties defendant thereto all persons who are known to the plaintiff to have had possession of said lands, or any part thereof, within 10 years next preceding the filing of the complaint, or who are known to the plaintiff to claim said lands, any part thereof or any interest therein, whether such interest be present, future, contingent, reversionary, or otherwise. Such complaint shall also make party or parties defendant thereto all persons who have at any time within 10 years next preceding the filing of the complaint assessed or paid any taxes upon said lands or any interest therein; provided, however, that those parties appearing in the chain of title who have voluntarily conveyed their interest or interests in said lands to the plaintiff or to those through whom the plaintiff derives title need not be made parties to said complaint. The ages and addresses of all defendants to the complaint shall be stated in the complaint, if known, and if any are known or suspected to be of unsound mind, this fact shall also be alleged. Should any of the persons mentioned in this section, at the time of the filing of the complaint, be deceased and such fact be known to the plaintiff, his heirs or devisees shall be made parties in his stead. Should the plaintiff, after exercising reasonable diligence, be unable to locate the whereabouts and to ascertain with certainty whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint and such defendant may then be made a party in his name followed by the words: ”— and his heirs or devisees, if deceased,” and a valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.

(Acts 1923, No. 526, p. 699; Code 1923, §9913; Code 1940, T. 7, §1117; Acts 1951, No. 882, p. 1521, §2.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2024 · leading case: Ex Parte Bruner, 749 So. 2d 437 (Ala. 1999).
Ex Parte Bruner, 749 So. 2d 437 (Ala. 1999). · cites it 2× “The actions most analogous to this action by Bruner and Riverbend are actions to quiet title or for the partition of real property, governed by § 6-6-561, Ala. Code 1975, or for civil condemnation of property or money used in the commission of a controlled-substance offense,…”
Stokes v. Cottrell, 58 So. 3d 135 (Ala. 2010). “Code [1975,] § 6-6-561, in order for the court to quiet title in and to the real property described within Plaintiffs’ Complaint, and the amendments thereto, being approximately 279[ 3 ] acres of real property located in Elmore County, Alabama, (which is and has been assessed to…”
Bonner v. Pugh, 376 So. 2d 1354 (Ala. 1979). “Code 1975, § 6-6-561. The ease with which Pugh's counsel located the address of Boyd *1358 demonstrates that the finding of the trial court in that regard is well supported by the evidence.”
King, King & King Attorneys at Law, PC v. Lisa Drum (Appeal from Etowah Circuit Court: CV-19-900097). (Ala. Civ. App. 2024). “Code 1975, § 6-6-561, notice by publication for unknown parties, see Ala.”
Bruner v. Geneva Cnty. Forestry Dep't, 749 So. 2d 437 (Ala. 1999). · cites it 2× “The actions most analogous to this action by Bruner and Riverbend are actions to quiet title or for the partition of real property, governed by § 6-6-561, Ala. Code 1975, or for civil condemnation of property or money used in the commission of a controlled-substance offense,…”
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