Glazier v. Bailey

Citations

• 47 Miss. 395

Syllabus

<p>1. Equity — clouds on title. — Independently of our statute, courts of equity have jurisdiction to remove claims which operate as clouds upon the title of the owner of real estate in possession, and in proper cases to decree that the instruments creating such clouds shall be given up and canceled; and the statute extends this remedy to real owners, whether in possession or not. But it is not to be inferred from this that the trials to the titles can he had in equity, and thus change the form in which such questions have been tried by ejectment.</p> <p>2. Same — practice.—This species of relief must be sought by a bill quia timet, addressed to the sound discretion of the chancellor, upon the facts and circumstances of each particular ease; the courts constantly refusing to lay down any rule limiting the power and discretion. Great caution is to be exercised by the courts to prevent abuse, and in many eases the parties must be left to their remedies at law. Huntington v. Allen, 44 Miss. 663, cited and approved.</p>