BILL TO QUIET POSSESSION AND Also called a bill to remove a cloud In title, and though sometimes classed with bills Tuft timet or for the cancellation of void instruments, they may be resorted to in oth er cases when the complainant's title is clear and there is a cloud to be removed; Mellen v. Iron Works, 131 U. S. 352, 9 Sup. Ct. 781, 33 L. Ed. 178 ; Town of Corinth v. Locke, 62 Vt. 411, 20 Atl. 809; Alsop v. Eckies, 81 Ill. 424 ; the latter may be said to exist whenever in ejectment by the holder of the adverse title any evidence would be required to defeat a recovery ; Sloan v.. Sloan, 25 Fla. 53, 5 South. 603.
Whenever an instrument exists which may be vexatiously or injuriously used against a party, after the evidence to impeach or in validate it is lost, or which may throw a cloud or suspicion over his title or interest, and he cannot immediately protect his right by any proceedings at law, equity will af ford relief by directing the instrument to be delivered up and cancelled, or by making any other decree which justice and rights of the parties may require ; Martin v. Graves, 5 Allen (Mass.) 602 ; Dull's Appeal, 113 Pa. 510, 6 Atl. 540; 2 Story, Eq. § 694. - Equity will entertain a bill to adjust the claims or to settle the priorities of conflict ing claimants, where there is thereby created a cloud over the title, which would prevent the sale of the land at a fair market price; Bisph. Eq. 236; to restrain the collection of an illegal tax; ibid.; to set aside' deeds, etc.,
which may operate as a cloud upon the legal title of the owner ; whether they be void or voidable, and whether the character of the instrument appears on its face or not; Kerr v. Freeman, 33 Miss. 292 ; Peirsoll v. Elliott, 6 Pet. (U. S.) 95, 8 L. Ed. 332 ; but it has been held that equity will not interfere to remove an alleged cloud upon title to land, if the instrument or proceeding constituting such alleged cloud is absolutely void upon its face, so that no extrinsic evidence is nec essary to shOw its invalidity; nor if the in strument or proceeding is not thus void on its face, but the party claiming, in order to enforce it, must necessarily offer evidence which will inevitably show its invalidity; Rich v. Braxton, 158 U. S. 375, 15 Sup. Ct. 1006, 39 L. Ed. 1022.
In a suit brought in the district court of the United States, to remove any incum brance or lien or cloud upon the title to real or personal property within the district where such suit is brought, an order may be made upon a defendant not residing in the district or found therein, and not appearing gratis, to appear and answer, plead or demur by a certain day ; 18 Stat. L. 472, c. 137, Sec. 8 ; Mellen v. Iron Works, 131 U. S. 352, 9 Sup. Ct. 781, 33 L. Ed. 178; but such suit will affect only the property concerned; id. See BILL OF PEACE; BILL QUIA Timm.