Hart v. Sansom

Citations

• 110 U.S. 151
• 3 S. Ct. 580
• 28 L. Ed. 101
• 1884 U.S. LEXIS 1667

Syllabus

<p>Estoppel — Evidence—Judgment.</p> <p>A decree of a State court for the removal of a cloud upon the title of land Within the State, rendered against a citizen of another State, who jias been cited by publication only, as directed by the local statutes, is no bar to an action by him in the Circuit Court of the United States to recover the land against the plaintiff in the former suit. ■</p> <p>In a suit to recover land, and to remove a cloud upon the title thereof, brought in a court of the State in which the land is, against W, H and others, the petition alleged that W ejected the plaintiff and unlawfully withheld possession from him ; that H set up some pretended claim or title to the land; that the other defendants held recorded deeds thereof, which were fraudulent and void ; and that the pretended claims and deeds east a cloud upon the plaintiff’s title. Due service was made on the other defendants ; and a citation to H, who was a citizen of another State, was published as directed by the local statutes.. All the defendants were defaulted; and upon a writ of inquiry the jury found that H claimed the land, but had no title, of record or otherwise, and returned a verdict for the plaintiff. Judgment was rendered that the plaintiff recover the land of the defendants, and that the deeds mentioned in the petition be cancelled and annulled, and the cloud thereby removed and for costs, and that execution issue for the costs. Held, that this judgment was no bar to an action by H in the Circuit Court of the United States to recover the land against the plaintiff in ' the former suit.</p>