Cope v. Payne

This bill is brought to protect and quiet complainant’s possession of the lands described in the pleadings, the threatened injury to his possession being the impending execution of a writ of possession which the defendant had caused to be issued upon a judgment which he recovered in an action of unlawful entry and detainer brought by him against a tenant of complainant (no question of title is involved), which is sought to be enjoined.

Morris Cope purchased the land in controversy at a tax sale made in 1897 under a decree pronounced in the case of State v. Heiskell et al., lately pending in…