Legal Opinion

Hipp v. Babin

Supreme Court of the United States

Decided February 17, 1857PublishedCited by 142 opinions

' This was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting in equity. The facts of the case are stated in the opinion. ■ The manner in which the counsel for the appellants sought to sustain the equity jurisdiction of the court in the case was as follows: In the opinion of’the judge of the Circuit Court, the cause was not one over which the equity side of the court had any jurisdiction.

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' This was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting in equity. The facts of the case are stated in the opinion. ■ The manner in which the counsel for the appellants sought to sustain the equity jurisdiction of the court in the case was as follows: In the opinion of’the judge of the Circuit Court, the cause was not one over which the equity side of the court had any jurisdiction. The title being merely legal, and the documents upon which the title rested being accessible to all parties, there was “a case wheré plain,- adequate, and…

1Opinion of the CourtJustice Campbell

delivered tbe opinion of tbe court.

Tbe appellants filed their bill to recover land within tbe district, in the possession of tbe defendants, and for an account of the rents, profits, and receipts, during tbe. period of their occupancy. They allege that James Fletcher, their ancestor, died in 1804, leaving a valid will, by which be devised to bis widow and three children tbe principal portion of bis succession, and appointed tbe former tbe executrix. Tbe property described in the bill bad been sold in 1801, but tbe purchaser bad not paid tbe price stimulated at tbis time. Tbe testator…

2Cases cited3 opinions

  1. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
  2. Van Epps v. Van DeusenNew York Court of Chancery · 1833
  3. Dade v. IrwinSupreme Court of the United States · 1844

3Cited by142 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Scott v. NeelySupreme Court of the United States · 1891
  3. Root v. Railway Co.Supreme Court of the United States · 1882
  4. Whitehead v. ShattuckSupreme Court of the United States · 1891
  5. Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932

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