Perry v. McDonald

BobiNsoN, Judge:

In this suit for the removal of cloud from 'title to land, the bill sets up a superior title in plaintiffs as against an inferior one in defendant and alleges that plaintiffs are in actual possession. On the hearing of the cause, from the pleadings and proofs, the court granted plaintiffs the relief sought. The decree in their behalf is, by defendant’s appeal, challenged as erroneous.

There is no merit in the assignment that the court erred in overruling the demurrer to the bill. Defendant argues that the bill does not aver that the title of the party whose superior deed is…