Long v. Barker

Citations

• 85 Ill. 431

Syllabus

<p>1. Chancery jurisdiction—remedy at law. A party can have no standing in a court of equity where he has a complete and ample remedy or defense in an action at law.</p> <p>2. The defendant in an action of replevin sought to enjoin the plaintiff from further prosecution of the suit, alleging in his bill that he purchased the property from one who deduced title under a tax sale which was irregular and passed no title; that the plaintiff in the replevin suit claimed to own the property, and the complainant prayed that his vendor and the plaintiff in replevin be required to interplead and settle the question of title between themselves. It was held, all the matters alleged concerning the title to the property could be tried in the action of replevin, and there was therefore no ground for the interposition of a court of equity.</p> <p>3. Interpleader—-pai'ty filing must make no claim. Where a party claims to have bought a personal chattel, such as a portable saw-mill, and the title of his vendor is assailed by the former owner, he can not file a bill of interpleader by alleging that his vendor and the former owner both claim title to it, and compel them to settle the question of title to the property. A bill of interpleader will not lie where the party invoking the aid of the court by his bill claims an interest in the subject matter of the litigation.</p>