Brookside-Pratt Mining Co. v. Wright

KNIGHT, Justice.

Statutory bill to quiet title. In their behalf complainants invoke sections 9905 et seq. of the Code.

The bill nowhere avers that the complainants are in the peaceable possession of the lands, nor does it employ any words of like import.

To present a proper bilí under the statute for the determination of claims to land, and to quiet title thereto, it is necessary to aver, inter alia, and the proof to show, that at the time of the institution of the suit the complainants’ possession of the land involved was peaceable, as contradistinguished from disputed or contested possession,…