United States v. Reese
U.S. Circuit Court for the District of Oregon
In Equity. This suit was originally commenced against John Reese with a view to the setting aside of a patent issued in that name by the government of the United States to the southeast quarter of section 5, township 11 south, of range 7 east, W. M., in Linn county, Or., on the ground that the same was obtained by fraud. The complainant treats John Beese as an actual personage, and as having participated in the alleged fraud.
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In Equity. This suit was originally commenced against John Reese with a view to the setting aside of a patent issued in that name by the government of the United States to the southeast quarter of section 5, township 11 south, of range 7 east, W. M., in Linn county, Or., on the ground that the same was obtained by fraud. The complainant treats John Beese as an actual personage, and as having participated in the alleged fraud. The interveners were allowed to intervene, and they have filed their answer to the bill of complaint. By their answer they admit most of the facts set forth in the…
1Opinion of the CourtWoeverton, District Judge
(after stating the facts as above). The interveners resist the motion on two grounds: First, that such an order as requested by the motion would deprive the interveners of a substantial right which has accrued since the commencement of the suit; and, second, that the interveners have prayed for affirmative relief, to which they are entitled, treating the answer as a cross-bill. The court will dispose of these objections in their inverse order.
It is a rule of law in the Circuit Court of the United States that a cross-bill in equity is but an auxiliary to the original suit and a dependency upon…
2Cases cited2 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Welsbach Light Co. v. MahlerU.S. Circuit Court for the District of Southern New York · 1898
3Cited by6 opinions
- Cowham v. McNiderDistrict Court, E.D. Michigan · 1919
- Young v. J. Samuels & Bro., Inc.District Court, D. Rhode Island · 1916
- Lovell v. Latham & Co.District Court, S.D. Alabama · 1914
- Bowen v. BowenNewport News County Circuit Court · 1983
- Schmeiser Mfg. Co. v. BlanchardU.S. Circuit Court for the District of Northern California · 1911
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