Merchants Nat. Bank of Mobile v. Morris

FOSTER, Justice.

The questions on this appeal are primarily controlled by the legal effect of a decree of the circuit court, in equity, in reliance upon what is known as the Grove Act, which authorizes a proceeding in rem to clear up the title to land and which is now Article 2, Chapter 32, Title 7, Code of 1940, sections 1116 to 1132.

Appellants’ predecessor was the complainant in that suit and appellants were plaintiffs in the instant suit, appealing from a verdict and judgment for defendants.

The decree in equity under the Grove Act, supra, was rendered October 10, 1927. It adjudged that Old…