Action to Quiet Title – to establish a plaintiff’s title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it

action to quiet title:
(1837)

1. A proceeding to establish a plaintiff’s title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. — aka quiet-title action. [1]

quieting title:

1. Bringing an action to quiet title, i.e., a lawsuit brought to remove a cloud on the title so that the plaintiff and those in privity with her may forever be free of claims against the property. [2]

1. An action or suit in court designed to effect a removal of a cloud or cloud on title to real property, known in older times as a bill qui timet.  Sharon v Tucker, 144 US 533, 36 L Ed 532 , 12 S Ct 720.

A remedy, originating in equity, enlarged and supplemented in many jurisdictions by statute, and having for its purpose an adjudication that a claim having for its purpose an adjudication that a claim of title to or an interest in property, adverse to that of the plaintiff, is invalid, so that the plaintiff and those claiming under him may be forever afterward free from any danger of the hostile claim.  44 Am J1st Quiet T § 1[3]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

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Types of Actions

Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

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Federal Rules of Procedure

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