Gunter v. Smith

FOSTER, Justice.

This is an appeal from the final decree of the circuit court, in equity, in which complainant was denied relief on a statutory bill in personam to quiet the title to vacant lots. The sufficiency of the bill on demurrer is not here involved. The final decree was on pleadings and proof taken by deposition.

The substituted bill, on which the case was tried, is primarily based upon section 1109, Title 7, Code, but seeks additional relief. Proceeding further, it alleges that respondent has no right, title, interest, lien or encumbrance upon said property. In paragraph 7 it alleges…