55-153 - Removal; nature of plaintiff's title.
§ 55-153. Removal; nature of plaintiff's title.
When a bill in equity is filed to remove a cloud on the title to real estaterelief shall not be denied the complainant because he has only an equitabletitle thereto and is out of possession, but the court shall grant to thecomplainant such relief as he would be entitled to if he held the legal titleand was in possession. If an issue of fact be raised which but for thissection would entitle either party to a trial by jury, the court shall, uponthe request of the party so entitled, order such issue to be tried by a juryat its bar and the verdict of the jury shall have the like effect as if ithad been rendered in an action at law.
(Code 1919, § 6248.)