Legal Opinion · Dissent

People of Porto Rico v. Livingston

Court of Appeals for the First Circuit

Decided February 19, 1931No. 2473Published

1DissentAnderson, Circuit Judge

Ejectment is a suit at law in which the .plaintiff is entitled to a jury trial under the Seventh Amendment of the Constitution of the United States — the supreme law of our land. A judgment for defendant, duly recorded, as it may now be under the Act of March 8, 1906 (Compilation of Rev. St. and Codes of Porto Rico, page 848), will effectually remove any alleged cloud on her title. She therefore had a plain, adequate, and complete remedy at law. Rev. St. § 723 (28 USCA § 384).

Moreover, unless the defendant had a good legal title, she had no occasion to resort to equity to remove an alleged…

2Cases cited10 opinions

  1. Scott v. NeelySupreme Court of the United States · 1891
  2. Whitehead v. ShattuckSupreme Court of the United States · 1891
  3. Liberty Oil Co. v. Condon National BankSupreme Court of the United States · 1922
  4. American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
  5. Henrietta Mills v. Rutherford CountySupreme Court of the United States · 1930

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