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QUIETING OF TITLE
• Reasons:
1. prevent litigation
2. protect true title & possession
3. real interest of both parties which requires that precise state of title be known
• Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendant’s claim is w/o foundation
when proper:
1. contract has been extinguished or terminated
2. contract has prescribed
3. remove cloud
• Action to remove cloud
intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title
Cloud – any instrument which is inoperative but has semblance of title
Requisites:
1. Plaintiff must have legal or equitable interest
2. Need not be in possession of property
3. Return to defendant all benefits received – he who wants justice must do justice
• Reasons:
1. prevent litigation
2. protect true title & possession
3. real interest of both parties which requires that precise state of title be known
• Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendant’s claim is w/o foundation
when proper:
1. contract has been extinguished or terminated
2. contract has prescribed
3. remove cloud
• Action to remove cloud
intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title
Cloud – any instrument which is inoperative but has semblance of title
Requisites:
1. Plaintiff must have legal or equitable interest
2. Need not be in possession of property
3. Return to defendant all benefits received – he who wants justice must do justice
