Everman v. Will

MOREMEN, Justice.

Appellants brought suit to quiet title to a strip of land, and based their claim of ownership upon a deed stated to have been executed and delivered to appellants by the Commissioner of the Circuit Court. It was not alleged that the deed was recorded. Appellees moved that the Court require appellants to file this deed. The Court sustained the motion. Appellants refused to comply with the Court’s ruling and declined to plead further. From a judgment dismissing the petition, this appeal is prosecuted.

Section 120 of the Civil Code of Practice requires that: “If an action,…