Barth v. Shepherd

Williams, Judge:

Ostensibly this is a suit in equity to enjoin trespass to-land and remove cloud from plaintiff’s title, but in reality it is an ejectment in equity. Prom a decree granting relief to plaintiff defendants have appealed. A demurrer to the bill, challenging the sufficiency of its averments to show-equity jurisdiction, was overruled. Plaintiff’s two tracts of land adjoin defendants’ tract on the northeast and on the south. The bill deraigns plaintiff’s title and avers his actual possession, and also avers that defendants committed acts-of trespass, under an alleged groundless claim…