Bearden v. Benner

Citations

• 120 F. 690
• 1903 U.S. App. LEXIS 5299

Syllabus

<p>1. Partition — Equitable Jurisdiction.</p> <p>The power of partition in equity court discussed.</p> <p>2. Same.</p> <p>This power will never be exercised where the title Is denied or suspicious, until the party seeking a partition has had an opportunity to try his title at law.</p> <p>8. Same — Adverse Possession.</p> <p>A disseisin or adverse possession destroys the common possession, and bars a suit for partition so long as the ouster continues.</p> <p>4. Quieting Titles — Parties.</p> <p>Only those who have a clear legal and equitable title to land connected with possession have any right to claim the interference of a court of equity to give them peace or dissipate a cloud on the title, except where this rule is dispensed with by statute.</p> <p>5. Same — Accounting.</p> <p>An alleged necessity for an accounting in such cases does not confer jurisdiction in equity.</p> <p>6. Partition — Demurrer.</p> <p>In taking order sustaining a demurrer to a bill for partition, where the title is in good faith placed in issue, the bill will be retained for a reasonable time in order that partition may be effected, in case complainants should prevail at law in the assertion of their legal title.</p> <p>(Syllabus by the Court.)</p> <p>¶ 3. See Partition, vol. 38, Cent. Dig. § 64.</p>