Lenett v. Lutz

Candler, Justice.

Code § 37-1407, provides:- “The proceeding quia timet is sustained in equity for the purpose of causing to be delivered up and cancelled any instrument which has answered the object of its creation, or any forged or other iniquitous deed or other writing, which, though not enforced at the time, either casts a cloud over complainant’s title or otherwise subjects him to future liability or present annoyance, and the cancellation of which is necessary to his perfect protection.” The plaintiff in this case filed a suit against the defendant under this section and prayed for…