Carlson v. Sullivan

Did the court err in dismissing the suit? In Heinze v. Butte & B. Con. M. Co., 126 F. 1, 61 C.C.A. 63, this court held that the bare denial of complainant’s title on information and belief, by defendants in a suit for partition, who do not alleged adverse title in themselves, does not put such title in issue, so as to require the court to stay the suit until it shall be established at law. That case is the principal one, among many others, relied upon by appellants to sustain their assignments of error herein. If identical in its facts, it might be considered binding upon the court in this…