Gambrell Lumber Co. v. Saratoga Lumber Co.

Citations

• 87 Miss. 773

Syllabus

<p>1. Equity. Quieting title. Code 1892, § 499. Requisites of MU.</p> <p>Under Code 1892, § 499, authorizing the confirmation of title to land by a proceeding in equity, the complainant must show:</p> <p>(a) That he is in actual possession of the land; or,</p> <p>(h) In case he be out of possession, that there is no adverse occupancy.</p> <p>2. Same. Presumptions. ' Demurrer.</p> <p>If a bill in equity predicated of said section of the code (499) fail to aver that the complainant is in possession and conclude with a prayer for a writ of assistance, it impliedly charges that defendant is in possession, and, therefore, is demurrable.</p> <p>3. Same. Removing cloud. Qode 1892, § 500.</p> <p>Under Code 1892, § 500, authorizing the removal of a cloud from title to land by a proceeding in equity, a suit will lie whether the cloud be east by a recorded instrument or by a mere assertion of a hostile claim, but, in either case, the bill must show:</p> <p>(o) The perfect fairness of complainant’s title, and</p> <p>(h) The facts, if they be known, of which the invalidity of defendant’s title, or claim, is predicated, general charges of fraud and simulation being insufficient.</p>