State ex rel. Atty. Gen. v. Ward

On May 15, 1951, the state, pursuant to Code 1940, Tit. 7, § 1109, et seq., filed a bill of complaint in the circuit court of Winston County, in equity, to quiet title to the NE 14 of the NW )4 of Sect. 14, Tp. 12 S., R. 9 W., located in Winston County. The bill alleges that the respondent, John M. Ward, claims or is reputed to claim some right, title or interest in, or encumbrance upon, said lands, and that “there is no suit now pending to enforce or test the validity of such title, claim or encumbrance.” Although § 1109 provides that complainant shall be in peaceable possession of the…