Hughuley v. Burney

(dissenting). ’This is a bill in equity by S. L. Burney and others against Amos Hughuley and others to quiet the title to 262 acres of land, and to remove as a cloud on the title a mortgage and foreclosure deed under it. The defendants demurred to the bill, which demurrer was overruled by the court, and this decree is the error assigned.

The real equity of the bill and the only relief sought by it is the removal of clouds from the title to this land; and whether the mortgage and the foreclosure deed are clouds on the title depend on the construction of the will of S. L. Burney, Sr., deceased,…