Hacker v. Barton

Citations

• 84 Ill. 313

Syllabus

<p>1. Chancery—when parties remitted to courts of law. As a general rule, it is better, in all cases of doubtful character, presenting a conflict of evidence, that the parties should be remitted to whatever remedy they may have at law, although equity might entertain jurisdiction.</p> <p>2. Where a bill was filed to prevent trespass upon land, on the ground of irreparable injury, and the question of complainant’s ownership and possession, as also the question of a dedication of the land to the public, were left doubtful, from the evidence, it was held proper to dismiss the bill, without prejudice, so that the controverted questions could be first settled at law, after which either party might invoke a court of chancery to prevent vexatious litigation in regard to the same subject matter.</p>