23-3-41. When relief granted; costs.

In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted to any complainant irrespective of whether the invalidity of the instrument sought to be canceled appears upon the face of the instrument or whether the invalidity appears or arises solely from facts outside of the instrument.#

In such cases the costs shall be taxed against the litigants in the discretion of the court; provided, however, that, in any case where it is found that the defendant fraudulently created the instrument that is sought to be cancelled, the complainant shall be entitled to recover all costs, including reasonable attorney’s fees, incurred in bringing the action to cancel such instrument.#