Ellis v. Womack

FOSTER, Justice.

This is an appeal by respondents in a suit to quiet title to forty acres of land filed by appellee. The bill of complaint contained the averment that the complainant now owns and is in the actual peaceable possession of forty acres of land in question.

It was not necessary to allege either that the complainant was the owner of the land or was in the actual possession of it. The statute, section 1109, Title 7, -Code, authorizes the relief sought by a person who is in peaceable possession either actual or constructive, and claiming to own the same, other essentials existing.

But…