Smith v. Overstreet

Appellants filed their original bill for cancellation of appellee’s title to certain land in Perry County. There was no deraignment of title.

Appellee demurred on two grounds, one of which was the failure to deraign title. This important requisite of a bill for cancellation of title is made mandatory by Section 1325, Code 1942, which provides that “the complainant must set forth in plain and concise language the deraignment of his title; and a mere statement therein that complainant is the real owner of the land shall be insufficient, unless good and valid reason be given why he does not…