Ritchie v. Dorland

Citations

• 6 Cal. 33

Syllabus

<p>A bill in Chancery, in the nature of a “Bill of Peace,” and praying for a discovery against joint and several tresspassers on real estate, will not lie in favor of a plaintiff out of possession, claiming title to the land.</p> <p>Bills of this character will not lie in cases where the party has.a plain, speedy and adequate remedy at law.</p> <p>In this State, the jurisdiction of Courts of Equity over questions of title to real estate, acquiesced in to avoid the consequences of the fictitious actions of ejectment at common law, has no existence; as those actions must be prosecuted in the name of the real party in interest, and the plaintiff may join any number of parties, defendant, without regard to the extent or character of their possession, subject only to their right to answer separately, and have separate verdicts.</p>