Cocke v. Copenhaver

Citations

• 126 F. 145
• 61 C.C.A. 211
• 1903 U.S. App. LEXIS 4295

Syllabus

<p>1. Bill of Review — Grounds—Time for Filing.</p> <p>A bill of review which contains no claim of newly discovered evidence can only be maintained for errors of law appearing on the record, and it must be filed within the time allowed for an appeal from the decree sought to be reviewed.</p> <p>2. Same.</p> <p>A bill of review to review a decree which was appealable to the Circuit Court of Appeals only can only be filed within the six months allowed for such appeal.</p> <p>8. Suit to Set Aside Decree — Grounds.</p> <p>An original bill to set aside a decree cannot be maintained on the ground of irregularities and errors which might have been corrected on appeal or by a bill of review.</p> <p>4. Suit to Quiet Title — Title and Possession of Plaintiff.</p> <p>A bill to remove a cloud from the title to real estate cannot be maintained by one who has neither the legal title nor possession.</p> <p>IT 4. Necessity of possession in suits to quiet title, see note to Jackson v. Simmons, 39 C. C. A. 522.</p> <p>See Quieting Title, vol. 41, Cent. Dig. §§ 8, 36.</p>