Gormley v. Clark

Citations

• 134 U.S. 338
• 10 S. Ct. 554
• 33 L. Ed. 909
• 1890 U.S. LEXIS 1974

Syllabus

<p>Upon the construction of the constitution and laws of a State this court, its a general rule, follows the decisions of the highest court of the State, unless they conflict with, or impair the efficacy of some provision of the Federal Constitution, or of a Federal statute, or a rule of general commercial law; and this is especially the case when a line of such decisions have become a rule of property, affecting title to real estate within the State.</p> <p>When a Circuit Court of the United States in Illinois obtains jurisdiction in equity of a proceeding to establish title to real estate under the act of the legislature of that State of April 9, 1872, known as the “Burnt Records Act,” in a case within the provisions of the act, it may, following the decisions of the courts of the State, proceed to adjudicate and determine in equity all the issues between the parties relating to the property, as well those at law as those in equity; and it is entirely within its discretion whether it will or will not send the issues at law to be determined by a jury.</p> <p>It is no error in a court of equity to order buildings removed from a. tract of land over which a party to the record has a right of way for ingress to and egress from his own property.</p>