PETERSON v. SUCRO

No. 4198.

93 F.2d 878 (1938)

PETERSON et al. v. SUCRO.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1938.


Attorney(s) appearing for the Case

W. D. Pruden, of Edenton, N. C., and W. A. Worth, of Elizabeth City, N. C. (Worth & Horner, of Elizabeth City, N. C., on the brief), for appellants.

P. W. McMullan and John H. Hall, both of Elizabeth City, N. C., for appellee.

Before PARKER and SOPER, Circuit Judges, and McCLINTIC, District Judge.


PARKER, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiff in an action instituted to try title to land. While the relief prayed in the complaint is the removal of an alleged cloud from title, there is no allegation of possession on the part of plaintiff and there is allegation of acts of possession on the part of defendants. The case was docketed as an action at law and, upon defendants pleading title in themselves, was tried as an action...

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