Root v. Woolworth
Supreme Court of the United States
APPEAL FROM THE 'CIRCUIT COURT -OE THE HOTTED STATES FOR THE DISTRICT OF NEBRASKA. The appellee, as >a privy in interest and estate, ■ filed the bill in this case for the purpose of carrying into execution a former decree of the court, rendered in 1873, against the appellant in favor of Oliver P. Morton, by which’ the latter’s right and title to a certain parcel of land was settled and established, and to which title and interest the appellee thereafter succeeded.
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APPEAL FROM THE 'CIRCUIT COURT -OE THE HOTTED STATES FOR THE DISTRICT OF NEBRASKA. The appellee, as >a privy in interest and estate, ■ filed the bill in this case for the purpose of carrying into execution a former decree of the court, rendered in 1873, against the appellant in favor of Oliver P. Morton, by which’ the latter’s right and title to a certain parcel of land was settled and established, and to which title and interest the appellee thereafter succeeded. The proceedings in which the original decree was rendered were begun in 1870 in the Circuit Court of the United States for the…
1Opinion of the CourtJustice Jackson
It is not necessary to notice or consider separately the numerous assignments of error presented by the appellant. They may be reduced to the following propositions: (1) That the.court had no jurisdiction to entertain the bill, because it is in the nature of an ejectment bill, and that there, is a full and adequate remedy at law ; (2) that there was fraud on the part of Morton and his attorney in obtaining the former decree of 1873 by concealing the fact that Morton, before the beginning of his suit against defendant, had transferred •the premises to his brother, William S. T. Morton ; (3)…
2Cases cited15 opinions
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Hipp v. BabinSupreme Court of the United States · 1857
- Ellis v. DavisSupreme Court of the United States · 1883
- Lewis v. CocksSupreme Court of the United States · 1874
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