Swisher v. Sensenderfer

Ewing, C.

Sensenderfer sued Swisher in the circuit court of Pettis county, in ejectment to recover the west half of the northeast quarter of section thirty-two, township forty-four, range twenty-three. The case was removed to the United States circuit court. The defendant in that case, Swisher, had only an equitable defence; and according to the practice in the federal courts, could not set up such claim to the action of ejectment. But in compliance with the practice there, he filed his bill in equity to assert his equitable title and asked a stay of proceedings in the ejectment suit until the…