Barnes v. Webster

This appeal is from a decree of an equity court, passed on February 25, 1959, sustaining, without leave to amend, a demurrer to a bill of complaint seeking to set aside a tax sale held on August 8, 1935, and a deed to the Websters from the Treasurer and County Commissioners of Somerset County, dated January 19, 1944, as constituting a cloud upon the complainants’ title to a tract of land containing about 5 acres.

The appellees contend that the demurrer was properly sustained on the ground that the bill did not allege that the complainants were in possession. While the demurrer does not in…