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Wehrman Vs. Conklin
Cites for this judgment
- US Supreme Court
- Dec 10, 1894
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U.S. 314 (1894) U.S. Supreme Court Wehrman v. ConklinSearch
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U.S. 314 (1894) Wehrman v. ConklinSearch
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of peace. A statement of the underlying principles of such bills is found in the opinion of this Court in Holland v. ChallenSearch
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established at law. 3. The bill may be filed by a party having an equitable as well as a legal title. Grissom v. MooreSearch
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Stanley v. HollidaySearch
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Brief any citation in this list with AI Studio
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Echols v. HubbardSearch
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Section 723 has never been regarded, however, as anything more than declaratory of the existing law, Boyce v. GrundySearch
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Pet. 210, and, as was said in N.Y. Guaranty Co. v. MemphisSearch
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The question of enforcing these state statutes was first considered Page 155 U. S. 324 in Clark v. SmithSearch
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This case was cited and approved in Parker v. OvermanSearch
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remedy for the confirmation of sales of land by a sheriff was held to be enforceable in the federal courts. In Holland v. ChallenSearch
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by state statutes may be administered in the federal courts as well as in the courts of the state, citing Clarke v. SmithSearch
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Another step in the same direction was taken in Reynolds v. CrawfordsvilleSearch
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it would appear from the report of the case that such title was not fortified by an actual possession, and in Chapman v. BrewerSearch
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courts to afford relief under such statutes where the complainant was not in possession of the land, and in Whitehead v. ShattuckSearch
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The case of Holland v. ChallenSearch
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as one where neither party was in possession of the property, and it was further said that in the case of Reynolds v. CrawfordsvilleSearch
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at law, but whether a suit to remove the cloud mentioned would lie in a federal court. The case of United States v. WilsonSearch
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U. S. 86 , was really to the same effect, though not cited in Whitehead v. ShattuckSearch
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Frost v. SpitleySearch
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Page 155 U. S. 327 with other facts tending to show an estoppel. As was said by Chancellor Green in Horner v. JobsSearch
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equitable estoppel on the part of Wehrman, and this Court did hold in a very carefully considered opinion in Dickerson v. ColgroveSearch
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that an estoppel in pais was an available defense to an action at law. This case was cited and applied in Baker v. HumphreySearch
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U. S. 494 , in Kirk v. HamiltonSearch
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U. S. 68 , and in Drexel v. BerneySearch
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To the same effect is Gable v. WetherholtSearch
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except that which removes the fraudulent title. As early as 1750, it was held by Lord Chancellor Hardwicke, in Bennet v. MusgroveSearch
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This is still the law in England. Blenkinsopp v. BlenkinsoppSearch
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De G., M. & G. 495. The leading case in the federal courts upon this point is Bean v. SmithSearch
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of the term, a plain, adequate, and complete remedy at law. While, in view of our decisions in Insurance Company v. BaileySearch
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Wall. 616, and Buzard v. HoustonSearch
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at law upon the fraudulent title, and thus afford a more complete relief than is possible in a court of law. Dodge v. GriswoldSearch
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Tappan v. EvansSearch
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Sheafe v. SheafeSearch
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Miller v. ScammonSearch
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Traip v. GouldSearch
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Cox v. DunhamSearch
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Sheppard v. IversonSearch
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Bank v. WalkerSearch
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Murphy v. BlairSearch
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