Summary

Louisville Nashville Railroad Company v…

But this court pronounced the objection untenable, saying (p. 410) : 'While, therefore, the courts of equity may have generally adopted the rule that a deed, void upon its face, does not cast a cloud upon the title which a court of equity would undertake to remove, we may yet look to the legislation of the state in which the court sits to ascertain what constitutes a cloud upon the title, and what the state laws declare to be such, the courts of the United States, sitting in equity, have jurisdiction to remove.' Citing Clark v. Smith, supra.
Source: Wikisource

Louisville Nashville Railroad Company v…

Friley, 61 Miss. 1, 4, it was further said: 'The statute . . . not only authorizes the real owner to file his bill to cancel a paper title, but also to remove the cloud, doubt, or suspicion which may spring from the assertion of claim, or pretense of right or title thereto by the defendant, who, without any muniment of title, may assert a claim or pretend to have right or title.
Source: Wikisource

Louisville Nashville Railroad Company v…

Allen, 44 Miss. 654, 662, it was said: 'The statute in reference to the removal of clouds from title enlarges the principle upon which courts of equity were accustomed to administer relief. It is very broad, allowing the real owner in all cases to apply for the cancelation of a deed or other evidence of title which casts a cloud or suspicion on his title. . . . The terms used in the statute, expressive of the scope of the jurisdiction, viz., 'cloud,' 'doubt,' 'suspicion,' quite distinctly imply that the instrument which creates them is apparent rather than 'real'
Source: Wikisource

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