Daniels v. Benedict
U.S. Circuit Court for the District of Colorado
Statement by Parker, District' Judge: In Equity. The plaintiff in this case, Lilyan B. Daniels, as the wife of William B. Daniels, deceased, brings this suit in equity, by her bill filed, to have a partition of a large estate, alleged to be worth as much as $2,000,000. She alleges she was married to William B. Daniels on July 8,1882, in the state of Connecticut; that they lived and cohabited together as husband and wife in the city of Denver; that William B. Daniels died in…
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Statement by Parker, District' Judge: In Equity. The plaintiff in this case, Lilyan B. Daniels, as the wife of William B. Daniels, deceased, brings this suit in equity, by her bill filed, to have a partition of a large estate, alleged to be worth as much as $2,000,000. She alleges she was married to William B. Daniels on July 8,1882, in the state of Connecticut; that they lived and cohabited together as husband and wife in the city of Denver; that William B. Daniels died in the city of Denver on the 24th of December, 1890, seised and possessed of the large amount of personal and real property…
1Opinion of the Court
PARKER, District Judge,
(after staling the facts as above.) This is a suit in equity7 for partition. The plaintiff claims that she, as the wife of William B. Daniels, deceased, under the laws of Colorado, is entitled by inheritance to one half the property of which he died seised; that there was but one child to inherit from the said Daniels, — his sou, William C. Daniels. There can be no doubt that courts of equity have concur*352rent jurisdiction with courts of law of suits for partition. Pom. Eq. Jur. §§ 140,174,1387; Story, Eq.. Jur. §§ 646, 658. In the last of these sections the law is thus…
2Cases cited11 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Marshall v. HolmesSupreme Court of the United States · 1891
- Gaines v. FuentesSupreme Court of the United States · 1876
- Johnson v. WatersSupreme Court of the United States · 1884
- Barrow v. HuntonSupreme Court of the United States · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Hastings v. DouglassDistrict Court, N.D. West Virginia · 1918
- Thomas v. MahinSupreme Court of Colorado · 1924
- Hudgens v. BaughDistrict Court, W.D. South Carolina · 1915