Thomas v. Nantahala Marble & Talc Co.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for tlie Western District of North. Carolina. In Equity. Suit by the Nantahala Marble & Talc Company against W. S. Thomas and others to enjoin a trespass upon mining lands, and for an account and other relief. The court below granted an injunction, pending which it required defendants to bring an action at law to determine the title to the disputed lands. Defendant Thomas and another appeal.
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Appeal from the Circuit Court of the United States for tlie Western District of North. Carolina. In Equity. Suit by the Nantahala Marble & Talc Company against W. S. Thomas and others to enjoin a trespass upon mining lands, and for an account and other relief. The court below granted an injunction, pending which it required defendants to bring an action at law to determine the title to the disputed lands. Defendant Thomas and another appeal. Statement by MORRIS, District Judge; The appellee, the Nantahala Marble & Talc Company, a corporation of West Virginia, filed its bill of complaint in…
1Opinion of the CourtMorris, District Judge
The appellants contend that the Mil is defectively framed, in that the complainant dot’s not deraign its title; that is to say, does not set out and state in detail the chain of conveyances or the immediate deed upon which it relies for its title. This is an omission, and might have been demurrable. The rule, however, which in such cases requires the complainant to set out his title, is one of practice and convenience, and not a matter of jurisdiction, and, after answer, may be dealt with by the court in its sound discretion. In this case, at the hearing, from the answer and affidavits, it…
2Cases cited8 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Scott v. NeelySupreme Court of the United States · 1891
- Stark v. StarrsSupreme Court of the United States · 1868
- Cates v. AllenSupreme Court of the United States · 1893
- Erhardt v. BoaroSupreme Court of the United States · 1885
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3Cited by7 opinions
- Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1901
- German-American Filter Co. v. ErdrichU.S. Circuit Court for the District of Eastern Pennsylvania · 1899
- Slaughter v. Mallet Land & Cattle Co.Court of Appeals for the Fifth Circuit · 1905
- Texas Pacific Coal & Oil Co. v. HowardCourt of Appeals of Texas · 1919
- Grove v. LongWest Virginia Supreme Court · 1921
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