Doyle v. Tutan

CARROLL, CHAS., Chief Judge.

This appeal, from an order dismissing the appellant’s equity suit, presents for determination the question of whether the complaint stated a cause of action.

Appellant had purchased the property involved here from Grier Enterprises, Inc., during the pendency of a suit against the latter by Charles B. Tutan as executor of the estate of Lorna Higgins, which suit resulted in a decree holding that the estate was the owner. Appellant brought this suit to avoid the effect of that decree, and to have herself declared to be the owner and to quiet her title.

The complaint and…