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Show PURCHASER PROTECTED Supreme Ccurt Hands v Down Opinion en Alleged Al-leged Fcrgcd Mbrtgajc An opinion written by Justice Bartch. reversing the Judgment of the lower court. In the case of John Baer and ' Mary, Baer, his wife, respondents, vs. I Henry K. Higgtns et al., appellants, was handed down In the Supreme court today. The suit was an action to quiet title to certain real property; to declare void a certain mortgage covering the property prop-erty and purporting to have been executed exe-cuted by the plaintiffs to Conway, one of the defendants; and to set aside all the proceedings had under the mort- gage, mciumng a juaguieui auiji urvrew rendered In favor of defendant Higson In a foreclosure suit. , :'.. The mortgage in question, the plaintiff plain-tiff ulleged, had been forged. The foreclosure suit. In which the respondents re-spondents in this case were defendants, and under which the property in question ques-tion was rold to an innocent purchaser, who knew nothing of the alleged forged mortgage, the Supreme court hoWs to have been in accordance with the law. The opinion holds that the plaintiffs should have sought relief by application for a motion to have the judgment set aside Instead of filing an Independent action in equity. ."In such casqs, where parties have a remedy by motion, a separate and distinct suit In equity cannot can-not be maintained." The judgment, ft is held, must be reversed, re-versed, with costs, and the case is remanded, re-manded, with directions to the lower court to dismiss the suit. Chief Justice Baskln and Justice McCarty concur in the opinion. |