Evans v. Broadhead

JONES, Justice:

There are two cases considered here because of the questions presented.

As to the first assignment, alleging that the court erred in not transferring the case to circuit court, it is sufficient, we think, to say the bill sought to cancel a cloud on the title to real estate, an injunction to prevent acts of alleged trespass and discovery. The court did not err in this respect.

The other matter, which disposes of the case, requires more discussion.

The first complaint was filed on or prior to November 5, 1964, seeking to cancel a cloud on title and an injunction because of a…