Jackson v. Simmons
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for tbe Northern District of Illinois. The bill was filed by Charles E. Simmons, as complainant, in the circuit court of the state of Illinois for the county of Lake, on the 19th day of June, 1891, against the appellant, Lewis B. Jackson, to quiet the title to the N. E. ⅛ of the N. W. ½ and the N. W. ⅛ of the fractional N. E. ⅛ of section No. 15, in township No. 45 N., of range No. 12 E. of the third P. M., and the fraction…
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Appeal from the Circuit Court of the United States for tbe Northern District of Illinois. The bill was filed by Charles E. Simmons, as complainant, in the circuit court of the state of Illinois for the county of Lake, on the 19th day of June, 1891, against the appellant, Lewis B. Jackson, to quiet the title to the N. E. ⅛ of the N. W. ½ and the N. W. ⅛ of the fractional N. E. ⅛ of section No. 15, in township No. 45 N., of range No. 12 E. of the third P. M., and the fraction lying east thereof, situated in the county of Lake. The complainant claimed to derive title to the premises through…
1Opinion of the CourtJenkins, Circuit Judge
The question which first confronts us has respect to the right of the complainant below to maintain his bill. Originally, the jurisdiction in equity to entertain suits to quiet title was, as stated by Mr. Pomeroy (Eq. Jur. p. 2142) r
“The equity jurisprudence to quiet title, independent of statute, was only invoked by a plaintiff in possession holding the legal title, when successive actions at law, all of which had failed, were brought against him by a single person out of possession, or when many persons asserted equitable titles against the plaintiff in possession holding the legal or an…
2Cases cited5 opinions
- Holtzman v. DouglasSupreme Court of the United States · 1897
- De Frieze v. QuintCalifornia Supreme Court · 1892
- Gage v. AbbottIllinois Supreme Court · 1881
- Glos v. BoutonIllinois Supreme Court · 1897
- Pinson v. SchmalzCalifornia Supreme Court · 1892
3Cited by10 opinions
- Lion Mfg. Corporation v. Chicago Flexible Shaft Co.Court of Appeals for the Seventh Circuit · 1939
- Isenberg v. BiddleCourt of Appeals for the D.C. Circuit · 1941
- Queenan v. MaysCourt of Appeals for the Tenth Circuit · 1937
- Marconi Wireless Telegraph Co. of America v. National Electric Signaling Co.District Court, E.D. New York · 1913
- Tracey v. CrepinSupreme Court of Oklahoma · 1914
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