Sanders v. Devereux
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United Stales for the District of Kansas. Suit hy Antoinette C. Sanders against Thomas Devereux and others for partition. The suit was dismissed on demurrer. Complainant appeals.
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Appeal from the Circuit Court of the United Stales for the District of Kansas. Suit hy Antoinette C. Sanders against Thomas Devereux and others for partition. The suit was dismissed on demurrer. Complainant appeals. This was a bill filed by the appellant, a citizen of the slate of Illinois, against more than 100 defendants named in the complaint, who were, for the most part, citizens of the state of Kansas, to obtain a partition of the N. W. ¼ of the S. W. ¼ of section 23, in township 27, range 1 ID., in Sodgwich county, Kan., which tract of land appears to be within the corporate limits of…
1Opinion of the CourtThayeb, District Judge
The first question which deserves consideration on this appeal is whether, under the averments of the complaint, a federal court sitting in Kansas has any jurisdiction to administer equitable relief. The bill may be searched in vain for any allegation that is tantamount to a direct averment that the appellant is now seised and possessed of any part or parcel' of the lands which form the subject-matter of the controversy, while the strongest inference arises from several allegations, and from the whole scope and tenor of the complaint, that she has been actually disseised, and that the…
2Cases cited14 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Hipp v. BabinSupreme Court of the United States · 1857
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- United States v. WilsonSupreme Court of the United States · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Whiteside v. NortonCourt of Appeals for the Eighth Circuit · 1913
- Scott v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1922
- Jones v. MacKenzieCourt of Appeals for the Eighth Circuit · 1903
- Gilbert v. HopkinsU.S. Circuit Court for the District of Western North Carolina · 1909
- Gombert v. LyonU.S. Circuit Court for the District of Nebraska · 1897
10 more not listed; retrieve them via the Exa API.