Bigelow v. Chatterton
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. In Equity. Suit by Lee L. Bigelow against Jesse B. Chatterton to determine an adverse claim to land. Decree for defendant. Plaintiff appeals, and also brings error. Statement by Caldwell, Circuit Judge: A statute of the state of Minnesota reads as follows: “Sec. 2. Action to Determine Adverse Claims.
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Appeal from the Circuit Court of the United States for the District of Minnesota. In Equity. Suit by Lee L. Bigelow against Jesse B. Chatterton to determine an adverse claim to land. Decree for defendant. Plaintiff appeals, and also brings error. Statement by Caldwell, Circuit Judge: A statute of the state of Minnesota reads as follows: “Sec. 2. Action to Determine Adverse Claims. An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate or interest therein, or lien upon the same, adverse to him, for the purpose…
1Opinion of the Court
Caldwell, Circuit Judge,
(after stating the facts.) The case is brought here both by writ of error and on appeal, the plaintiff being in doubt whether this court would treat the proceeding as an action at law or a suit in equity. Whatever may be the practice in the state courts, where the distinction between law and equity, if not abolished, is not observed with any strictness, it would seem that in the courts of the United States, where that distinction is strictly maintained, a bill in equity would be the most appropriate form of proceeding when, as in this case, the land is vacant and…
2Cases cited19 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
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- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
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- Elder v. Richmond Gold & Silver Min. Co.Court of Appeals for the Eighth Circuit · 1893
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