It must appear by the affidavit of the parties, or their attorneys, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties.Code 1858, § 3451 (deriv. Acts 1851-1852, ch. 173, § 5); Shan., §5207; Code 1932, § 9384; T.C.A. (orig. ed.), § 23-402.
Tennessee Legal Code