The Montgomery advertiser., 1905-09-12
Reversed and rendered.
 Opinion by Haralson, J.
HANDLE EFT AL vs. DAUGHDRILL
 FIT AT.

Ell ALA
 Bill in Equity to Determine Claims to
 Real Estate and to Quiet the Title
 Thereto.
 1. Statutory bill to quiet title; what possession necessary to maintain It, To maintain a bill under the statute 10 compel determination of claims to real estate and to quiet title thereto, It must be shown that complainant was in the peaceable possession of said property as contradistinguished from contested or disputed possession.
 2. Same; same; Sufficiency of evil denee-In such cases where the evil dence shows that the land in question was wild and uncultivated land; that the defendant claims under deed; pays taxes thereon; has kept trespass- CTS off said property, and has taken tan bark therefrom, it cannot be said that the complainant is shown to have such peaoeable possession as entities him to relief.
 Reversed and rendered. .. Opinion by Anderson J. FRANCIS ct al. vs. WHITE. Admr. Bill in equity to redeem lands sold un- der execution.--Appeal from the k Chancery Court of Morgan County. 1. Redemptlon; right personal, ana will be as required by statute.-The | right of redemption, as given by the statute, Is A personal privilege, and Tn order for one to avail himself thereon, 1 1t must be shown that he has not falied | to do what the law. requires In oroer to invest himself with the right whicn | he seeks to enforce; or he must snow some valid reason for his failure there- in in any particular.
 Redemption; tender of purchase | money and lawful charges; excused when purchaser absent from the state. I-Where one seeks to exercise the right of statutory redemption, and the pur- | chaser at the mortgage or execution sale Is absent from the State, tender, to he sufbcient to authorize the main | tenance of a bill in equity for redemp- | tion. must be made by deposit or | the money in court upon the hling or l the bill: and the absence of the pur- | chaser or his vendee from the State | excuses the tender in person and au- ] thorizes the filing of the bill
 B. Same; when failure to deliver pos sion no bar to redemption'-Wh 'el. heIe . property is purchased at a foreclosure 1 sale of a mortgaae, or under an execu- | tion levied thereon, and the purchaser I at said sale makes no demand for the ! possession of the property, such fallure l to demand possession constitutes valid reason for former owner falling to deliver possession to the purchaser' and. under such circumstances, the failure to deliver possession constltutes S no bar to the exercise or the risht to statutory redemption. A. Bill to redeem; when statutory requirements sufficiently complied with In a bill filed to redeem lands from 1 sale under an execution, where lt IS averred that the purchaser has absent | ed himself from the State, that the complainant has made diligent inquiry to ascertain his postofflce address. has repeatedly written to him asking for an account of the lawful charges claim ed by him to have been paid, has re- oueated his vendees to inform him what 1 lawful charges are claimed by them and that the original purchaser and ms | vendees has each refused to give any information; and that the complainant has made diligent inquiry as to lawfuI charges. and has paid into the cour' the amount of all lawful charges ht
 has been able to ascertain, and oneri
 to pay all other lawful charges whicf
 may be ascertalned by the court sucf
 averments show a sufficient excuse foi
 failure of the complainant to pay thu lawful chages. and authorize the main ltenance of a bill to redeem.
 5. Bill to redeem; sufficient of aver
 ments as to tender of lawful charges On a bill to redeem property sold under an eXeCuilOn, IL AS
 the complainant has ascertalned tha
 the purchaser at said sale had paid {
 designated amount as a tax levied b! the city wherein the property wal
 located, which said amount lis here
 with rendered and offered to said de
 faudant, as well as the further sun
 of S4l.76. legal interest on the amour
 of said assessment.' such averment O
 tender Is not sufficient; in that, 1t fail
 to aver that the amount Is paid int
 court-it appearing that the purchase
 Is absent from the State.
 G. Statutory right of redemption
 where lands are purchased by severa parties. tender not required to be mad to zach of the nurchaserR.-Wher