Released for Publication May 15, 2015.
Appeal from Lauderdale Circuit Court. (CV-12-900223). Michael T. Jones, Trial Judge.
For Appellants: Charlie A. Bottoms, Jr., Florence.
For Appellee: James Q. Stanphill, Jr., Florence.
David Childers and Robert DeShawn Childers (" Shawn" ) appeal the Lauderdale Circuit Court's judgment quieting title in a certain piece of real property, on which is situated a house, in Leroy Darby. We reverse and remand.
Facts and Procedural History
In August 2012, Darby filed a complaint to quiet title in certain real property, averring:
" 1. This action is brought pursuant to the Code of Alabama, 1975, as amended, § 6-6-540, et seq., and 6--560, et seq.
" The Defendant land, in which a fee simple ownership interest is sought, is as follows:
" Beginning at a point on the East line of the Northeast 1/4 of the Northeast 1/4 of Section 9, Township 1 South, Range 12, which said point is 525 feet North of the Southeast corner thereof; thence West 210 feet; thence North 315 feet; thence East 210 feet to Section Line Road; thence South 315 feet to the point of beginning.
" 2. [Darby] claims to have a fee simple title in or to the said land described hereinabove.
" 3. The land that is subject to this complaint was obtained by [Darby] through THE PROBATE COURT OF LAUDERDALE COUNTY, ALABAMA to [Darby] at Tax Sale dated May 5, 2009.
" 4. Thereafter upon application to the State Land Commissioner of the State of Alabama by [Darby], a deed was proffered to [Darby] on May 8, 2012, the STATE OF ALABAMA proffered to [Darby] a deed to said parcel recorded in the office of the Judge of Probate of Lauderdale County, Alabama and recorded on RLPY 2012, PAGE 20142.
" 5. [Darby] has made a party or parties to this complaint, all persons against whom [Darby] claims title to said lands through their statutory rights of redemption, those being:
" A. BARBARA E. HOLLIS, address unknown.
" B. SHAWN CHILDERS, -- County Road 141, Florence, AL 35633.
" C. A, B, C, AND ALL OTHER PERSONS OR ENTITIES CLAIMING ANY PRESENT, FUTURE, CONTINGENT, REMAINDER OR OTHER INTEREST IN THE DEFENDANT LANDS DESCRIBED HEREINABOVE, WHERE TRUE NAME IS UNKNOWN TO THE PLAINTIFF AT THE PRESENT TIME BUT WHICH WILL BE ADDED HERETO BY AMENDMENT WHEN ASCERTAINED.
" 6. The only person who is known to [Darby] who has had physical possession of said lands, or any part thereof since the decree of sale in May 5, 2009, other than [Darby], is the defendant, SHAWN CHILDERS. [Darby], by and through
his attorney of record, James Q. Stanphill, Jr., sent SHAWN CHILDERS, a written demand for possession of the property dated June 20, 2012. [Childers] received the notice via certified mail on June 28, 2012.
" 7. All persons who have at any time within 10 years next preceding the filing of this complaint assesses [sic] or paid any taxes upon said lands or any interest therein are:
" A. LEROY DARBY
" B. BARBARA E. ...