Low v. Low

FOSTER, Justice.

The bill in this case was filed by one alleged to be in possession of land, to remove an alleged cloud from his title. The cloud consists of a deed signed and acknowledged by complainant with his wife (respondent) as grantee, but alleged not to have been delivered.

A demurrer raises the contention that the bill does not allege complainant was in peaceable possession of the land when the bill was filed. The demurrer taking that point was properly overruled. The bill is not set up as one to quiet title under the statute but to invoke the traditional equitable power to remove a…