Pocahontas Coal & Coke Co. v. Bower

Maxwell, Judge:

This is a suit to cancel certain deeds as clouds on plaintiff’s title. The circuit court, though expressing an opinion that the lines and corners contended for by the plaintiff are correct, dismissed the bill, without prejudice, because it was of opinion that there is presented an issue of fact depending upon conflicting testimony; that such issues are properly determinable only in an action of ejectment; that the plaintiff, not alleging and proving possession, cannot maintain this chancery suit; and that Chapter 36 of the Acts of the Legislature of 1929 (Code 1931, 51-2-2)…