Freer v. Davis
West Virginia Supreme Court
Appeal from Circuit Court, Ritchie County. Bill by R. H. Freer and others against Thomas E. Davis and others. Decree for plaintiffs, and defendants appeal.
1Dissent
Brannon, Judge,
(dissenting) :
The question of jurisdiction in equity in this case is difficult. There can be no question but that at least for a temporary injunction there was jurisdiction to restrain irreparable injury; but the court went on to decree fully on the merits of two con*17flicting titles to land, and did not direct an action at law or insert in the decree a reservation of right to sue at law. There is a rule that equity will not try conflicting titles to land, unless the plaintiff has some equity against the party claiming adversely; hut where it has jurisdiction to enjoin…
2Cases cited8 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Irwin v. DixionSupreme Court of the United States · 1850
- St. Lawrence Co. v. HoltWest Virginia Supreme Court · 1902
- Ellis v. WhiteSupreme Court of Iowa · 1883
- Walters v. Farmers BankSupreme Court of Virginia · 1881
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