Power & Irrigation Co. of Clear Lake v. Capay Ditch Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; M. T. Dooling, Judge. Bill by the Power & Irrigation Company of Clear Bake, a corporation, against the Capay Ditch Company, a corporation, Yolo County Consolidated Water Company, a corporation, Yolo Water & Power Company, a corporation, J. M. Adamson, B- D. Stephens, and Joseph Craig.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; M. T. Dooling, Judge. Bill by the Power & Irrigation Company of Clear Bake, a corporation, against the Capay Ditch Company, a corporation, Yolo County Consolidated Water Company, a corporation, Yolo Water & Power Company, a corporation, J. M. Adamson, B- D. Stephens, and Joseph Craig. Judgment for defendants dismissing the suit (D. C.) 213 Fed. 399, and plaintiff appeals. Tills is an appeal from the judgment of the court below, dismissing the suit tor lack of jurisdiction. The…
1ConcurrenceGilbert, Circuit Judge
In its essential features, the cause of suit pleaded in the complaint is one to quiet title to rekl estate. The plaintiff has acquired by conveyance the title to land which its predecessor in interest had subjected to a mortgage. The mortgage lien has expired by limitation, but the deed,-which was intended as a mortgage, and the subsequent conveyances of the land constitute a cloud upon the plaintiff’s title. The plaintiff must, in equity, pay the mortgage debt in order to obtain the relief which it seeks. Its right to seek and obtain that relief does not depend, however, upon an assigned…
2Cases cited17 opinions
- Sheldon v. SillSupreme Court of the United States · 1850
- Brown v. FletcherSupreme Court of the United States · 1915
- Blacklock v. SmallSupreme Court of the United States · 1888
- Hall v. ArnottCalifornia Supreme Court · 1889
- Raynor v. DrewCalifornia Supreme Court · 1887
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