Frey v. Willoughby
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This is a suit in equity commenced in the United States circuit court for ihe district of Nebraska by Jacob Willoughby and six others against Henry H. Frey and 20 others. In substance, the bill avers that the seven complainants and Isabella Willoughby (now Isabella Adams) are the only and equal heirs at law of James II.
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Appeal from the Circuit Court of the United States for the District of Nebraska. This is a suit in equity commenced in the United States circuit court for ihe district of Nebraska by Jacob Willoughby and six others against Henry H. Frey and 20 others. In substance, the bill avers that the seven complainants and Isabella Willoughby (now Isabella Adams) are the only and equal heirs at law of James II. Willoughby, who died, intestate, on the 9th day of July, 1882, seised in fee of the 10 acres of land, described in the bill, which descended in fee simple to the complainants and Isabella Adams,…
1Opinion of the CourtCaldwell, Circuit Judge
Upon the averments of the complainants’ bill and the stipulation of the parties, a federal court of equity could not take cognizance of this suit, over the timely objection of the defendants that the complainants had a plain, adequate, and complete remedy at law. It is admitted that the defendants are in the actual possession of the land, claiming to have the legal title thereto. The complainants claim to be the owners in fee simple of seven-eights of the land. The title they set up and rely on is a legal title, and their remedy to recover the land against those in possession, claiming it by…
2Cases cited6 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Hipp v. BabinSupreme Court of the United States · 1857
- Sanders v. DevereuxCourt of Appeals for the Eighth Circuit · 1894
- Bigelow v. ChattertonCourt of Appeals for the Eighth Circuit · 1892
- Leighton v. YoungCourt of Appeals for the Eighth Circuit · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Thomas v. Council Bluffs Canning Co.Court of Appeals for the Eighth Circuit · 1899
- Gombert v. LyonU.S. Circuit Court for the District of Nebraska · 1897
- Little Rock Junction Ry. v. BurkeCourt of Appeals for the Eighth Circuit · 1895
- Union Pac. R. v. CunninghamU.S. Circuit Court for the District of Nebraska · 1909