(a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of actual, peaceable possession by the plaintiff and color of title to said lands in the plaintiff shall be conclusive evidence of title to said lands in the plaintiff.
(b) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the five years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said five-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said five-year period shall be prima facie evidence of title to said lands in the plaintiff.
(c) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the 10 years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said 10-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said 10-year period, shall be conclusive evidence of title to said lands in the plaintiff.
(Acts 1923, No. 526, p. 699; Code 1923, §9919; Code 1940, T. 7, §1123; Acts 1951, No. 882, p. 1521, §6.)
Notes of Decisions
Cited in
4
cases, 1979–2005 · leading case:
Bonner v. Pugh, 376 So. 2d 1354 (Ala. 1979).
Bonner v. Pugh, 376 So. 2d 1354 (Ala. 1979).
· cites it 4× “As we pointed out upon original deliverance, ouster would have to be proved in order for § 6-6-566, Code 1975, to become operative.”
Grogan v. Hillman, 930 So. 2d 520 (Ala. Civ. App. 2005).
· cites it 8× “(Emphasis added.) Section 6-6-560 uses the terms “actual, peaceable possession” and “actual possession.”
Gray v. Jackson, 567 So. 2d 1270 (Ala. 1990).
· cites it 3× “The trial court found that the tax deed to William Jackson was invalid because Alvie Thomas did not own the property described in the deed, but the court also found that the deed was sufficient under § 6-6-566 to give color of title to the property to William Jackson.”
Hutchins v. Amsouth Bank, N.A., 599 So. 2d 607 (Ala. 1992).
· cites it 3× “1 The trial court found that superior record title was vested in the defendant, Amsouth Bank, and that the plaintiffs had failed to establish a statutory presumption of title pursuant to Ala.Code 1975, § 6-6-566(c). We affirm. The chain of title, for the purposes of this appeal,…”
— Ala. Code § 6-6-566(a) — 1 case
Grogan v. Hillman, 930 So. 2d 520 (Ala. Civ. App. 2005).
“(Emphasis added.) Section 6-6-560 uses the terms “actual, peaceable possession” and “actual possession.”
— Ala. Code § 6-6-566(c) — 4 cases
Bonner v. Pugh, 376 So. 2d 1354 (Ala. 1979).
“As we pointed out upon original deliverance, ouster would have to be proved in order for § 6-6-566, Code 1975, to become operative.”
Grogan v. Hillman, 930 So. 2d 520 (Ala. Civ. App. 2005).
“(Emphasis added.) Section 6-6-560 uses the terms “actual, peaceable possession” and “actual possession.”
Hutchins v. Amsouth Bank, N.A., 599 So. 2d 607 (Ala. 1992).
“1 The trial court found that superior record title was vested in the defendant, Amsouth Bank, and that the plaintiffs had failed to establish a statutory presumption of title pursuant to Ala.Code 1975, § 6-6-566(c). We affirm. The chain of title, for the purposes of this appeal,…”
Gray v. Jackson, 567 So. 2d 1270 (Ala. 1990).
“The trial court found that the tax deed to William Jackson was invalid because Alvie Thomas did not own the property described in the deed, but the court also found that the deed was sufficient under § 6-6-566 to give color of title to the property to William Jackson.”
— Ala. Code § 6-6-566(e) — 1 case
Grogan v. Hillman, 930 So. 2d 520 (Ala. Civ. App. 2005).
“(Emphasis added.) Section 6-6-560 uses the terms “actual, peaceable possession” and “actual possession.”
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