Neale v. Bardue
Neale v. Bardue
Opinion of the Court
In this case the pleader has attempted by his complaint to set out a combination of causes of action. In his prayer for judgment, he asks to have his title to certain realty quieted; that a certificate of redemption issued by the sheriff to the defendant Bardue be set aside and canceled, and the sheriff issue a deed to him as the successor in interest of the purchaser at the sale; that an injunction issue restraining the further commission of waste; and that a money judgment be decreed in the sum of $5,000. Allegations may be found in the complaint bearing upon all these questions. A general demurrer was sustained to the pleading, upon the ground that it failed to state a cause of action, and plaintiff appeals.
Reference
- Full Case Name
- NEALE v. BARDUE
- Status
- Published
- Syllabus
- Quieting Title—Complaint.—In an Action to Quiet Title and for other relief, the complaint is sufficient to support a judgment canceling and setting aside a certificate of redemption issued to defendant, where it is alleged that the realty in controversy was never redeemed by anybody from the sale made by the sheriff to plaintiff’s grantor, and that defendant was not the successor in interest of the judgment debtor, and not entitled to redeem.