Miles v. Caldwell
Supreme Court of the United States
Miles brought ejectment against Caldwell, in the Circuit Court of Missouri; the action being brought, not in the fictitious form, still sometimes used in the United States, but in the form now more frequent with us, in .which the parties actually suing appear in their proper names, as Thomas Miles against William Caldwell, and where the land claimed is described as by metes or bounds, or by both; the action being entitled, in Missouri, “trespass in ejectment.”
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Miles brought ejectment against Caldwell, in the Circuit Court of Missouri; the action being brought, not in the fictitious form, still sometimes used in the United States, but in the form now more frequent with us, in .which the parties actually suing appear in their proper names, as Thomas Miles against William Caldwell, and where the land claimed is described as by metes or bounds, or by both; the action being entitled, in Missouri, “trespass in ejectment.” Both parties in the present suit claimed under one Ely, who, in 1837, and prior to that time, was owner of the land; Caldwell claiming…
1Opinion of the CourtJustice Miller
1. The complainant’s first proposition — that his title is good, founded on the prior mortgage, and, being the true legal title, should prevail — contains no element ■ as it is •stated, or in the facts which go' to make up his title, that •calls into action the powers of a court of chancery. If under the proceedings which took place in regard to the mortgage of Gallagher,† the complainant acquired the legal title to the real estate in question, a court of law would notice that title, and is as much bound to respect it as a court of equity. If he did not really obtain the legal title, but…
2Cited by49 opinions
- Campbell v. RankinSupreme Court of the United States · 1879
- Britton v. ThorntonSupreme Court of the United States · 1884
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- David Bradley Manuf'g Co. v. Eagle Manuf'g Co.Court of Appeals for the Seventh Circuit · 1893
- Harrison v. Wallton's Ex'orSupreme Court of Virginia · 1898
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