Denbo v. Sherrill

GARDNER, Chief Justice.

The bill contains all essential averments (§ 9906, Code 1923), of one to quiet title to realty as specifically authorized by § 9905, Code 1923, and is properly to be so construed. Title 7, §§ 1109, 1110, Code 1940. True complainant goes beyond the statutory requirements in averments as to his own title, which allegations defendants insist disclose that his title is invalid, and it is upon this theory the Chancellor entertained the view the bill was without equity and entered the decree sustaining the demurrer and dismissing the bill.

But we have consistently construed…