Lancy v. Randlett
Supreme Judicial Court of Maine
On exceptions to the ruling of the court sustaining a demurrer to the bill. Bill in equity to remove a cloud from the title to certain land in Palmyra. The points are stated in the opinion. Before the' statutes making parties witnesses, discovery was the only means of ascertaining the fact, and equity uniformly compelled the discovery. Whitfield v. Fausset, 1 Ves. 392 ; Story’s Eq.
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On exceptions to the ruling of the court sustaining a demurrer to the bill. Bill in equity to remove a cloud from the title to certain land in Palmyra. The points are stated in the opinion. Before the' statutes making parties witnesses, discovery was the only means of ascertaining the fact, and equity uniformly compelled the discovery. Whitfield v. Fausset, 1 Ves. 392 ; Story’s Eq. Jurisprudence, § § 83, 84; Campell v. Sheldon, 13 Pick. 19. This jurisdiction for discovery, originally existing in equity, is not displaced because now courts of law may reach a similar result. Campbell v.…
1Opinion of the CourtHaskell, J.
The orators ask to be confirmed in their title to land clouded by the loss of their title deed prior to its record.
The respondents demur upon three grounds.
I. For the want of jurisdiction in equity over the subject matter of the bill.
II. For the want of equity shown on the face of the bill.
III. Because of a plain and adequate remedy at law.
*175Equity jurisdiction for discovery and relief in proper cases touching lost written instruments is as old as equity itself. Sto. Eq. Jur. § § 79, 84; Whitfield v. Fausset, 1 Ves. 392 ; Blight’s Heirs v. Banks, 6 T. B. Monroe, 192; Pom. Eq. Jur. § 1376, note…
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