Brunson v. Bailey

FOSTER, Justice.

The question on this appeal relates to the sufficiency of a bill in equity as amended on demurrer assigning specific grounds. The demurrer was overruled, and defendant appeals.

The bill as filed originally was merely a statutory suit to quiet the title to eighty-five acres of land specifically described. Section 1109, Title 7, Code of 1940. It alleged that complainant was in the “actual or constructive possession of the land,” and contained the other statutory provisions necessary for a suit. Demurrer was overruled, and that decree is not here questioned.

Upon the filing of an…