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.