Mulqueen v. Schlichter Jute Cordage Co.

J. B. McPHERSON, District Judge.

The principal question raised and argued upon this motion cannot be considered by a federal court in this action. The plaintiffs haye a complete legal title to an undivided x/2i of the land described in the writ, and, for the present, this title must prevail. The defense set up is purely equitable, and, while it would be admissible in a Pennsylvania court, it cannot be entertained by a court of the United States in an action at law. The precise point was decided in Robinson v. Campbell, 3 Wheat. 212, 4 L. Ed. 372. See, also, Montejo v. Owen, 14 Blatchf. 324,…