Brown v. Bibb

(dissenting). — I respectfully dissent from the reasoning and result of the principal opinion. The plaintiffs-appellants in this quiet title, ejectment and partition suit challenge the validity of a subrogation decree in the chain of title to the 120 acres of land in Pike county here involved, rendered 57 years ago. The question is whether their interests’in the land were duly protected in those proceedings under the equitable doctrine of virtual representation.

It is unnecessary to restate all the facts. All that need be remembered is that the common source of title is R, who through a…