Childs v. Missouri, K. & T. Ry. Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Action by Newton B. Childs against the Missouri, Kansas & Texas Railway Company. From a decree dismissing the bill, plaintiff appeals.
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Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Action by Newton B. Childs against the Missouri, Kansas & Texas Railway Company. From a decree dismissing the bill, plaintiff appeals. The plaintiff, appellant in this court, a citizen of the state of Missouri, instituted this action in the Circuit Court for the Eastern District of Oklahoma on December 1, 1909, against the appellee, a corporation created by and existing under the laws of the- state of Kansas, and the Southwestern Development Company, a corporation created and…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). In view of the conclusions reached, it is unnecessary to determine the validity of the leases upon which plaintiff relies, and therefore the question whether tlie.court could consider them on demurrer to the bill, when they were not made a part of the bill nor filed as exhibits thereto, which has been very fully argued by counsel, is immaterial.
11 j 1. It appears from the face of the bill that plaintiff is not in possession of the premises, and that the defendant is. In such a case a bill in equity to remove a cloud on the title to property does not lie in…
2Cases cited13 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Patterson v. HewittSupreme Court of the United States · 1904
- Carpenter v. WinnSupreme Court of the United States · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Taylor v. Salt Creek Consol. Oil Co.Court of Appeals for the Eighth Circuit · 1922
- General Film Co. v. SamplinerCourt of Appeals for the Sixth Circuit · 1916
- Gulf Coast Western Oil Co. v. TrappCourt of Appeals for the Tenth Circuit · 1947
- Mason v. MacFaddenCourt of Appeals for the Eighth Circuit · 1924
- Garber v. WhittakerCourt of Chancery of Delaware · 1938
9 more not listed; retrieve them via the Exa API.