Williams v. Campbell

Frank Holt, Justice.

Appellants, Trustees of Mt. Moriah Baptist Church and Burying Ground, initiated this action in 1959 by a complaint to quiet title and to enjoin appellee from using any portion of a 20 acre tract of land which the appellants claim their predecessors acquired by deed from the state land commissioner in 1950. The appellee answered and denied the validity of appellants’ title and affirmatively asserted fraud by the appellants’ predecessors in procuring the deed. Specifically, the appellee alleged that “said land was not set aside as a church or burying ground but was used by…