Depue v. Miller

Poffenbarger Judge:

In the circuit court of Roane county a demurrer to the bill of Hal H. Depue and others, heirs at law of Henry Depue, was sustained and the bill dismissed. From this decree the plaintiffs have appealed.

The object of the suit is the cancellation of a number of deeds to clear the alleged title of the plaintiffs from cloud, and obtain an accounting for timber taken from the land. They are out of possession, but the bill proceeds upon the theory of an equitable title only in the plaintiffs which will not sustain an action' at law for the recovery of possession.

The facts alleged…