Ex Parte Griffin

FOSTER, Justice.

The question here presented is the sufficiency of a motion made by defendant in an action of ejectment to transfer the cause to equity by virtue of section 153, Title 13, Code of 1940. And that depends upon whether the motion is sufficient as an equitable attack on a former decree of a court of equity under which plaintiff in the ejectment suit claimed to sustain his title to the property sued for.

A demurrer to the motion to transfer was sustained, and the motion was overruled, and defendant seeks to review it by mandamus to be issued out of this court.

The sufficiency of the…