Peterson v. Sucro

PARKER, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiff in an action instituted to try title to land. While the relief prayed in the complaint is the removal of an alleged clqud from title, there is no allegation of possession on the part of plaintiff and there is allegation of acts of possession on the part of defendants. The case was docketed as an action at law and, upon defendants pleading title in themselves, was tried as an action in ejectment pursuant to the North Carolina practice. See Wood v. Phillips, 4 Cir., 50 F.2d 714; Hines v. Moye, 125 N.C. 8, 34 S.E.…