Legal Opinion

McConihay v. Wright

Supreme Court of the United States

Decided April 11, 1887No. 159PublishedCited by 59 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. The complainant in .this case, Theodore Wright, the appellee, a citizen of the State of Pennsylvania, filed his bill in equity September 2é, 1881, against the appellants, citizens of the State of West Virginia, the object and prayer of which were to quiet his title to certain real estate described therein.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. The complainant in .this case, Theodore Wright, the appellee, a citizen of the State of Pennsylvania, filed his bill in equity September 2é, 1881, against the appellants, citizens of the State of West Virginia, the object and prayer of which were to quiet his title to certain real estate described therein. The title of the complainant to the premises in. controversy was derived from the Winifrede Mining and Manufacturing Company, a corporation of the State of West Virginia. That company was chartered by a…

1Opinion of the Court

Mr. Justice Matthews^

after making the foregoing statement of' the case, delivered the opinion of the court.

The first error assigned is, that the case is not one of equitable jurisdiction, it being contended .that the complainant below had a-complete and adequate remedy at law; The bill sufficiently alleges that .the complainant is in possession of the premises in controversy, and in this respect is supported by the proofs. .The prayer of the bill- is, that the defendants may be required to assert and declare the rights and title claimed by them in and to the premises, and that in the meantime…

2Cited by59 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. Smith v. ReevesSupreme Court of the United States · 1900
  4. State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
  5. National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903

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