Leonard v. Carter

MASSEY, Chief Justice.

In this case our holding is that where one has parted with land, or an interest therein, which he seeks to recover by attacking and seeking to avoid the contract under which he lost title, his suit is one for the recovery of land; — and if the contract is filed of record and for that reason would cloud his title (in the event he should show he was entitled thereto), his suit would furthermore be one to remove an incumbrance upon the title to land.

The case reaches us as an appeal from an order overruling the defendant’s plea of privilege. W. H. Carter brought suit against…