Cook v. Friley

Citations

• 61 Miss. 1

Syllabus

<p>1. Bill to Remove Clouds. Defendant’s claim. Its nature. Under Code 1880, $ 1833, the real owner of land can file a bill to cancel a paper title, or a bill for protection against a pretense of title to the disparagement of his ownership.</p> <p>2. Same. Pleading. Complainant’s tille. An averment that the complainant is the real owner is sufficient under this statute, and his chain of title need not be set forth in the bill.</p> <p>3. Same. Specific title of defendant. Sow set forth. If the object is to cancel a particular evidence of title possessed by the defendant, it should be as fully described as known to the pleader.</p> <p>4. Same. General claim by defendant. Sow averred. In case of a complaint against a mere assertion of claim, failure to describe the defendant’s title is no ground of demurrer, but he must plead his right in answer.</p> <p>5. Same. Practice. Costs. Decree. If the defendant disclaims title, it is a mere question of costs, but if he asserts a claim, its validity will be passed on, and, unless maintained, will be disposed of by decree against him.</p>