Rice v. Davidson

The suit was to restrain a trespass on lands, the subject of a pending bill in equity to quiet title filed by the complainant in possession, when "no suit was then pending in any court to enforce or test the validity of said title or claim or encumbrance." Appellants' solicitors say of the bill that it was for injunction in aid of a pending suit to quiet title to the land, and further that the affidavits submitted and the negative answers of respondent (appellee) show that appellant "was never in peaceable possession of the land in question." The right of recovery in the pending suit to quiet…