War Fork Land Co. v. Spivey

OPINION OF THE COURT BT

JUDGE NUNN

Affirming.

*601This is an action in equity by the heirs-at-law of Mary Polly Spivey for a cancellation of certain deeds in appellant’s chain of title, and also' praying to he adjudged the owners and entitled to the possession of the 155 acres of land in controversy. Judgment of the lower court granted to the heirs-at-law the relief prayed for, and the land company appeals.

Appellant says, and we think correctly, that, although this action was in equity, it is in the nature of ejectment and the question is one of title. Therefore, the sufficiency of the pleadings and…