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Ellis Vs. Davis
Cites for this judgment
- US Supreme Court
- Dec 10, 1883
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U.S. 485 (1883) U.S. Supreme Court Ellis v. DavisSearch
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U.S. 485 (1883) Ellis v. DavisSearch
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for recovery of possession if the complainant has a plain, adequate, and complete remedy at the common law. Hipp v. BabinSearch
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are on one side citizens of the state in which the will is proved, and on the other citizens of other states. Gainer v. FuentesSearch
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prayer in the bill for a recovery of the possession. In no respect does it differ from the frame of the bill in Hipp v. BabinSearch
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This case was cited and its doctrine approved and applied in the recent case of Root v. RailwaySearch
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Wall. 503. It was elaborately considered and finally determined in England by the House of Lords in the case of Allen v. McPhersonSearch
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if not objected to or if there were any impediments to the proper trial of the merits on such an action. Bootle v. BlundellSearch
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Boyse v. RossboroughSearch
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to survivors by the death of a person caused by the wrongful act, neglect, or default of another, Railway Co. v. WhittonSearch
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Dennick v. RailroadSearch
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Boom Co. v. PattersonSearch
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U. S. 403 . In Hyde v. StoneSearch
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In Payne v. HookSearch
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acquired possession of the res which is the subject of the litigation is entitled to administer it. Williams v. BenedictSearch
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Wall. 252. It was said by this Court in Gaines v. FuentesSearch
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title is asserted as against the will claimed to be invalid, making an issue involving that question. In O'Donogan v. KnoxSearch
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In Robert v. Allier'sSearch
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or to say that it shall not be executed. This is the purport and extent of the decision in the case of Lewis' Heirs v. HisSearch
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In Rachal v. RachalSearch
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Sophie v. DuplessisSearch
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Abston v. AbstonSearch
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La.Ann. 137. In Sharp v. KnoxSearch
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In Hoover's Succession v. YorkSearch
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And the same principle governed the decision in Blasini v. Blasini'sSearch
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possession, but the exception was overruled on the ground that the suit was of probate jurisdiction. In Gibson v. DooleySearch
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the succession had been closed by a delivery of the property to the instituted heir. The rule, as laid down in Robert v. AllierSearch
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with reference to the jurisdiction of the courts of the United States, was the subject of consideration in Barrow v. HuntonSearch
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of the Code of practice is a question therefore which we are not called upon to discuss or decide. The case of Gaines v. FuentesSearch
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U.S. Supreme Court Ellis v. DavisSearch
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Gainer v. FuentesSearch
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of Root v. RailwaySearch
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of Allen v. McPhersonSearch
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Bootle v. BlundellSearch
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Railway Co. v. WhittonSearch
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In Hyde v. StoneSearch
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Williams v. BenedictSearch
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In O'Donogan v. KnoxSearch
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of Lewis' Heirs v. HisSearch
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In Sharp v. KnoxSearch
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Blasini v. Blasini'sSearch
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In Gibson v. DooleySearch
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