Crellin v. Ely
United States Circuit Court
This is a suit in equity for relief against an action at law, commenced by the defendants against the complainants, for the possession of certain lands in the city of Oakland, in this state.
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This is a suit in equity for relief against an action at law, commenced by the defendants against the complainants, for the possession of certain lands in the city of Oakland, in this state. Upon an affidavit of one of the complainants that their defense to the action at law arises out of matters which are purely of equitable cognizance; that the plaintiffs therein are non-residents oif the state, and absent from it; and that a subpoena issued in this suit could not be served upon them by reason of such absence,—an order was issued and served' upon the attorneys in the action at law to show…
1Opinion of the Court
Field, Justice.
The case presented by the bill in equity is suffi-, eient to justify the court in directing a stay of proceedings in the action at. law until the plaintiffs therein appear to the suit, and until it is heard and determined. It is brought in aid of the defense to that action, and if the complainants are entitled to a correction of the deed executed to their grantor in 1856, or to a conveyance from the defendants, as purchasers with notice of their equity, it would be inequitable to preclude them from showing the fact and obtaining the relief prayed. In the' state courts the…
2Cases cited3 opinions
- Watson v. PeytonCalifornia Supreme Court · 1937
- Weber v. MarshallCalifornia Supreme Court · 1861
- Hitner v. SuckleyU.S. Circuit Court for the District of Pennsylvania · 1810
3Cited by3 opinions
- Peterson v. Philadelphia Mortgage & Trust Co.Washington Supreme Court · 1903
- Essenkay Co. v. Essenkay Sales Co.Tennessee Supreme Court · 1915
- Union Assurance Society v. BuonoMichigan Supreme Court · 1923