Empire Ranch & Cattle Co. v. Wilson

The pleadings and the facts involved herein are similar to those in the case of Lougee et al. v. Wilson, No. 3581, just decided, and the opinion in that case determines this appeal. However, appellant interposes herein *84one contention not advanced on that appeal — that the plaintiff ought not to be permitted to invoke the authority of a court of equity to quiet his title as to a deed which he alleges is void on its face. Our code provides that:

“An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate therein…