Cobban v. Conklin
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by Mollie Conklin against R. M. Cobban, E. B. Weir-ick, individually and also as trustee, and the Payette' Lumber & Manufacturing Company. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by Mollie Conklin against R. M. Cobban, E. B. Weir-ick, individually and also as trustee, and the Payette' Lumber & Manufacturing Company. Decree for complainant, and defendants appeal. On September 7, 1905, the appellee brought a suit for the cancellation of certain deeds and powers of attorney which she alleged to be fraudulent and forged and which constituted a cloud upon her title to 3,723 acres of timber lands in Boise county, Idaho. The.…
1Opinion of the CourtGilbert, Circuit Judge
[1] (after stating the facts as above). The contention is made that tlie court below was without jurisdiction *234of the cause of suit for the reason that the suit is brought to remove a cloud from title, and that such a suit may be maintained in a federal court only when the plaintiff is in possession, or the land is vacant and unoccupied, for the reason that otherwise the plaintiff has an adequate remedy at law, citing Whitehead v. Shattuck, 138 U. S. 146, 11 Sup. Ct. 276, 34 L. Ed. 873, and Lawson v. United States, 207 U. S. 1, 28 Sup. Ct. 15, 52 L. Ed. 65. The rule so invoked was well…
2Cases cited28 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Reynes v. DumontSupreme Court of the United States · 1889
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Steffian v. Milmo National BankTexas Supreme Court · 1888
- Wehrman v. ConklinSupreme Court of the United States · 1894
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3Cited by3 opinions
- Bingham v. TaylorCourt of Appeals for the Fifth Circuit · 1926
- Kester v. AdamsCourt of Appeals for the Ninth Circuit · 1936
- Ennis-Brown Co. v. Central Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1916