Garrett v. Brewton

GARDNER, Chief Justice.

The appeal is from a decree overruling a demurrer to the bill of complaint. It was averred in the bill that complainants are the “sole and absolute owners” of the real estate described therein, and that the respondents are in the possession of said property. Complainants, therefore, are in the position of one relying on a legal title who seeks to recover possession of land adversely held. The remedy at law is adequate, and the case does not present one for the jurisdiction of a court of equity. 21 C.J. p. 62. See also 30 C.J.S., Equity, § 29.

“A court of equity will not…