Fuller v. Montague
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Eastern District of Tennessee. In Equity. Bill by John P. Fuller, James H. Fuller, and Simeon Fuller against Theodore G-. Montague and others to establish an interest in lands, and for partition. One defendant demurred, and the others joined in a motion to dismiss the bill. Demurrer sustained, and bill dismissed. 53 Fed. 204. Complainants appeal.
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Appeal from the Circuit Court of the United States for the Southern Division of the Eastern District of Tennessee. In Equity. Bill by John P. Fuller, James H. Fuller, and Simeon Fuller against Theodore G-. Montague and others to establish an interest in lands, and for partition. One defendant demurred, and the others joined in a motion to dismiss the bill. Demurrer sustained, and bill dismissed. 53 Fed. 204. Complainants appeal. Statement by SWAM, District Judge: The bill in this cause is nominally for partition. The appellants were complainants in the court below. They allege that they are…
1Opinion of the Court
SWAN, District Judge,
(after stating the facts.) 1. This hill makes no charge of fraud against either of the defendants. The wrong of which it complains is alleged to have been perpetrated byPressley, their uncle, and Whitley, his grantee. The first died as early as 1887, if not before that time, as appears from the bill. Whether or not Whitley was living when this suit was brought is" not stated. If the facts pleaded make a case of equitable cognizance, it would seem that Pressley’s legal representatives, and Whitley, if living, should be made parties, as it is tbeir fraudulent conduct which…
2Cases cited35 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Smith v. McIverSupreme Court of the United States · 1824
- Hipp v. BabinSupreme Court of the United States · 1857
- Dillon v. BarnardSupreme Court of the United States · 1875
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3Cited by6 opinions
- Northern Pac. Ry. Co. v. Pacific Coast Lumber Mfrs.' Ass'nCourt of Appeals for the Ninth Circuit · 1908
- Gilbert v. HopkinsU.S. Circuit Court for the District of Western North Carolina · 1909
- Allen v. HaussDistrict Court, E.D. Michigan · 1923
- American Surety Co. v. ConwayDistrict Court, D. New Jersey · 1915
- Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903
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