Wolfe

Plaintiff brought this action to obtain a decree, enjoining defendants from enforcing a writ of execution against a certain piece of real estate alleged to belong to plaintiff. Defendant, Fidelity and Deposit Company of Maryland, besides answering the complaint, filed a cross-complaint for a decree establishing that a certain judgment obtained by it against one George T. Dunlap is a valid lien against the said property.

Plaintiff obtained judgment as prayed for, and the court denied any relief to defendants, who have appealed from the judgment and order denying their motion for a new trial.

Appellants insist that their general demurrer to plaintiff’s complaint should have been sustained. It is insisted that although plaintiff alleges ownership in fee of the land from which it is sought to remove a cloud, yet as the complaint shows the specific facts showing the chain of plaintiff’s title, the general allegation of ownership must be considered only as a conclusion of law, and the specific facts alleged must be looked to only. In this connection it is claimed that plaintiff, by the allegation of his complaint, deraigns title from George T. Dunlap, but does not allege any title in…