Land Trust of Indianapolis v. Hoffman
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Statement by PARDEE, Circuit Judge: On the 14th of December, 1889, Mrs. Wilhelmina Hoffman, widow of Joseph Bourdette, filed her petition in the civil district court for the parish of Orleans, alleging “that she is the owner, and in possession, of a certain square of ground in the sixth district of this city, designated by the number 27, comprised within State, Bond, Ferdinand streets…
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Statement by PARDEE, Circuit Judge: On the 14th of December, 1889, Mrs. Wilhelmina Hoffman, widow of Joseph Bourdette, filed her petition in the civil district court for the parish of Orleans, alleging “that she is the owner, and in possession, of a certain square of ground in the sixth district of this city, designated by the number 27, comprised within State, Bond, Ferdinand streets and the division line of Burtheville;" and further showing that the defendants (plaintiffs in error) claimed to have…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts.) The case made by the pleadings is one where a party in possession seeks to remove a cloud from the title to real estate, and .to cancel deeds, records, etc. The suit, therefore, is essentially an equity suit, (Pom. Eq. Jur. § 1398; Story, Eq. Jur. § 692,) and, under the law and practice of the Hnited States courts, should have been prosecuted on the equity side of the court. The decree rendered in the court below, brought up for review, is to all intents an equity decree. We might well, therefore, decline to review this case under the writ of…
2Cases cited15 opinions
- Mowry v. WhitneySupreme Court of the United States · 1872
- Hayes v. FischerSupreme Court of the United States · 1880
- Surgett v. LapiceSupreme Court of the United States · 1850
- Kelsey v. ForsythSupreme Court of the United States · 1858
- Hickman v. DawsonSupreme Court of Louisiana · 1881
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3Cited by2 opinions
- Bartley v. SallierSupreme Court of Louisiana · 1906
- Nelson v. Lowndes CountyCourt of Appeals for the Fifth Circuit · 1899