Legal Opinion

Chapin v. Sears

United States Circuit Court

Decided December 20, 1883PublishedCited by 4 opinions

On Bill, etc.

1Opinion of the CourtNixon, J.

The bill of complaint has been demurred to for multifariousness, and the demurrer must he sustained. It appears from the prayer and the allegations of the bill that the complainant has filed it for two objects; (1) to determine and settle a disputed legal title; and (2) for the partition of a tract of real estate. In other words, it asks' the court to ascertain who are the owners of the property and then to divide it according to the interest of the parties as determined. Such a proceeding violates well-settled principles, and is against the practice of a court of chancery, unless the dispute…

2Cases cited2 opinions

  1. Wilkin v. WilkinNew York Court of Chancery · 1814
  2. Coxe v. SmithNew York Court of Chancery · 1820

3Cited by4 opinions

  1. Buhrmeister v. BuhrmeisterCalifornia Court of Appeal · 1909
  2. Carlson v. SullivanCourt of Appeals for the Ninth Circuit · 1906
  3. Kaneohe Rice Mill Co. v. HoliHawaii Supreme Court · 1911
  4. Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903

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