LENETT v. LUTZ

20588.

215 Ga. 369 (1959)

110 S.E.2d 628

LENETT v. LUTZ.

Supreme Court of Georgia.

Decided October 9, 1959.


Attorney(s) appearing for the Case

Hudson & Hudson, John H. Hudson, for plaintiff in error.


CANDLER, Justice.

Code § 37-1407, provides: "The proceeding quia timet is sustained in equity for the purpose of causing to be delivered up and cancelled any instrument which has answered the object of its creation, or any forged or other iniquitous deed or other writing, which, though not enforced at the time, either casts a cloud over complainant's title or otherwise subjects him to future liability or present annoyance, and the cancellation of which is necessary...

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