Rhino v. Emery
U.S. Circuit Court for the District of Southern Ohio
This was a suit iu equity brought by Gustavos F. Rhino against Thomas J. Emery and others, seeking to hold the defendants, as trustees, to an accounting for certain real and personal property. This case comes -on to be hoard upon a plea to the amended bill.
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This was a suit iu equity brought by Gustavos F. Rhino against Thomas J. Emery and others, seeking to hold the defendants, as trustees, to an accounting for certain real and personal property. This case comes -on to be hoard upon a plea to the amended bill. The complainant, Gustavus Bt Hhino,' averring that he is the heir and next of kin of one James Berry, seeks to hold the defendants, as trustees, to an accounting for certain real and personal property which he alleges in his bill was obtained from James Berry by the fraud of William G. Roberts, one of the defendants, and which came into,…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). Three objections are made to the jilea: First, that it is double, and presents two defenses to the bill; second, that it contains a negative pregnant, in that it only denies that the complainant, Rhino, and defendant Sperry, are sole heirs at law of the intestate, James Berry, but does not deny that they are heirs; and, third, that the jilea is not supported by an answer, as it should be., This is a negative jilea. Such pleas are permitted. Mitf. Eq. Pl. (Smith’s Ed.) 270; 3 Brown, Ch. 489; 1 Madd. 194; 16 Ves. 264, 265; Sanders v. King, 2 Sim. & S. 277; Thring v.…
2Cases cited3 opinions
- Hilton v. GuyottU.S. Circuit Court for the District of Southern New York · 1890
- Kirkpatrick v. WhiteU.S. Circuit Court for the District of Pennsylvania · 1826
- Sims v. LyleU.S. Circuit Court for the District of Eastern Pennsylvania · 1822