Hicks v. Stone

This is a statutory bill to quiet title. Code 1907, § 5443 et seq. The bill avers that' “complainant is the owner and in possession” of the lands described. The demurrer goes to the point that the bill does not show “such possession” as will warrant relief, and does not aver “proper possession” in complainant.

The sole question here presented is: Must ■the bill aver the complainant has. “peaceable possession” or merely “possession” of the lands, in order to be good against demurrer?

Section 5443 of the Code of 1907 sets forth 'the conditions, or concurrent facts, upon which the right to…