Layton v. . Byrd

Tbe appeal brings up for review that part of the judgment which allows “betterments on account of improvements alleged to have been made by John P. Byrd on the lands described in the petition.” We understand this to be merely an allowance for improvements and not for statutory betterments, because all parties admit that the matters in controversy must be determined by the application of equitable principles without regard to the law of betterments prescribed in C. S., ch. 12, Art. 29. In fact section 110 declares that nothing in this article applies to any suit brought by a mortgagee or his…