Conway v. Wilson

This cause is before the court on appeal from an order dismissing the bill of complaint on the theory that the bill of complaint -was insufficient in law in that it failed, among other things, to allege that the plaintiff was not in possession of the property described in the bill. The briefs here concede this to be the pivotal point of the case. We shall consider the case at bar as considered by the parties in the lower court.

We do not think it necessary for a bill of complaint in a suit to quiet title to land to allege that the plaintiff is in possession of the property. See Sections 5005,…