Legal Opinion

Michigan Pipe Co. v. Fremont Ditch, Pipe Line & Reservoir Co.

Court of Appeals for the Eighth Circuit

Decided October 7, 1901No. 1,504PublishedCited by 17 opinions

Appeal from the Circuit Court of the United States for the District of Colorado. On April 23, 1898, the complainants (the appellees here) exhibited their bill in the United States circuit court for the district of Colorado to compel the defendants (the appellants here) to reconvey to them certain land, water rights, and rights of way for a ditch and reservoirs pursuant to the terms of a contract of purchase thereof which had been made on January 27, 1893. The complainant the…

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Appeal from the Circuit Court of the United States for the District of Colorado. On April 23, 1898, the complainants (the appellees here) exhibited their bill in the United States circuit court for the district of Colorado to compel the defendants (the appellants here) to reconvey to them certain land, water rights, and rights of way for a ditch and reservoirs pursuant to the terms of a contract of purchase thereof which had been made on January 27, 1893. The complainant the Fremont Ditch, Pipe Line & Reservoir Company was a corporation, which on January 27, 1893, owned this property, and the…

1Opinion of the CourtSanborn, Circuit Judge

A suit in equity is an appeal for relief to the moral sense of the chancellor. A court of equity is the forum of conscience. Nothing but good faith, the obligations of duty, and reasonable diligence will move it to action. Its decree is the exercise of discretion,—not of an arbitrary and fickle will, but of a wise judicial discretion, controlled and guided by the established rules and principles of equity jurisprudence. One of the most salutary of these principles is expressed by the maxims, “He who comes into a court of equity must come with clean hands,” and “He who has done iniquity cannot…

2Cases cited2 opinions

  1. Marble Co. v. RipleySupreme Court of the United States · 1870
  2. Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883

3Cited by17 opinions

  1. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  2. Union Cent. Life Ins. v. DrakeCourt of Appeals for the Eighth Circuit · 1914
  3. Pierce Oil Corporation v. SchachtSupreme Court of Oklahoma · 1919
  4. Weegham v. KilleferDistrict Court, W.D. Michigan · 1914
  5. Bearmar v. Dux Oil & Gas Co.Supreme Court of Oklahoma · 1917

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