Title 23, Chapter 3, Section 40
( 23-3-40)
The proceeding quia timet is sustained in equity for the purpose of
causing to be delivered and canceled any instrument which has
answered the object of its creation or any forged or other
iniquitous deed or other writing which, though not enforced at the
time, either casts a cloud over the complainant's title or otherwise
subjects him to future liability or present annoyance, and the
cancellation of which is necessary to his perfect protection. |