Persinger v. Britton

This action originated in the probate court and was one to register and quiet title, under the provisions of the Land Registration Act. The probate court dismissed the petition for registration as to the real estate in controversy upon the ground that there was an outstanding title in favor of Pha and Jonnie Davis, daughters of John A. Davis, a devisee under the will of' Benjamin R. Davis.

From this judgment an appeal was taken by the plaintiff to this court. The right of appeal was sustained upon the ground that the jurisdiction involved chancery relief and that the probate court *165was a court…