Hylton v. Brown
U.S. Circuit Court for the District of Pennsylvania
Previous to the jury being called to try this cause, the defendant read a notice to the plaintiff’s counsel, to produce, at the trial, the will of Joseph Griswold, who, by deed, had leased the land in question to the plaintiff [the lessee of Hylton]; also, an affidavit, to prove that the original will was in the plaintiff’s possession, by his own acknowledgment.
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Previous to the jury being called to try this cause, the defendant read a notice to the plaintiff’s counsel, to produce, at the trial, the will of Joseph Griswold, who, by deed, had leased the land in question to the plaintiff [the lessee of Hylton]; also, an affidavit, to prove that the original will was in the plaintiff’s possession, by his own acknowledgment. It was objected, by the plaintiff’s counsel, that the motion was premature, and should be made during the trial; because, the act of congress says, that the courts shall have power, in the trial of actions at law, on motion, and'…
1Opinion of the Court
WASHINGTON, Circuit Justice.
-The remedy provided by the act of congress, is merely cumulative; and, to save the time and expense of a bill of discovery, it enables this court to do, in a summary way, what they might do, if a bill of discovery were filed on the equity side of the court, and no more. Now, if such a bill were filed, the court would not compel a discovery, unless the defendant showed a title to the land. A right of possession might protect the party in ejectment, unless the plaintiff can avoid it, and show a complete title in himself. But, this would not be enough to enable him…
2Cited by4 opinions
- Carpenter v. WinnSupreme Court of the United States · 1911
- Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
- Gregory v. Chicago, Milwaukee & St. Paul R. R.United States Circuit Court · 1882
- Owyhee Land & Irrigation Co. v. TautphausCourt of Appeals for the Ninth Circuit · 1901