Prentice v. Duluth Storage & Forwarding Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. In Equity. Suit by the Duluth Storage & Forwarding Company and the Duluth Street-Railway Company, for themselves and for all others similarly situated who might become parties, against Fred-1 erick Prentice, to quiet title to lands. There' was a decree for complainants in the court below, (50 Fed. Rep. 878,) and defendant appeals.
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Appeal from the Circuit Court of the United States for the District of Minnesota. In Equity. Suit by the Duluth Storage & Forwarding Company and the Duluth Street-Railway Company, for themselves and for all others similarly situated who might become parties, against Fred-1 erick Prentice, to quiet title to lands. There' was a decree for complainants in the court below, (50 Fed. Rep. 878,) and defendant appeals. Statement by SANBORN, Circuit Judge: This is an appeal from a decree quieting the title to certain lots in the city of Duluth, Minn., in the appellees, and enjoining the appellant from…
1Opinion of the CourtSa-Nboen, Circuit Judge
That this suit was well and wisely brought admits of no discussion. Owners of lots in severalty in possession under a common source of title may join in a bill of peace to quiet their title and to enjoin the prosecution of an adverse claim repeatedly adjudged invalid in suits in ejectment, the validity of which depends entirely upon the superiority of the title of their common grantor. The law and the facts which determine the validity of the title of out; such owner also determine the validity of the title of every such owner. While they are owners in severalty, they are united in interest…
2Cases cited23 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Holland v. ChallenSupreme Court of the United States · 1884
- Stark v. StarrsSupreme Court of the United States · 1868
- Ex Parte McNielSupreme Court of the United States · 1872
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
23 more not listed; retrieve them via the Exa API.