National Surety Corp. v. Smith

This is an appeal from a judgment of the circuit court in favor of the defendants and entered in an ejectment action. In making that statement we realize that the complaint is couched in language suitable for a suit in equity, that the prayer seeks equitable relief, and that the disposition of the cause is stated in a paper entitled ‘ ‘ decree. ’ ’ Possibly the plaintiff, when the complaint was prepared, deemed that its cause was within the purview of § 9-1001, O. C. L. A. But, since the property described in the complaint was in the defendants’ possession when the action was begun, § 9-1001…