Swogger v. Taylor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a court’s “equitable powers” may be used to achieve the most advantageous partition for the unique circumstances of a case
• stating that a district court in a partition action is allowed to “exercise its general equitable powers and resort to the most advantageous plans which the nature of the particular case admits in effecting, without great prejudice to any of the owners”
• the mode of partition “must be capable of execution without advancing the interest of one owner at the expense of the others”
• describing equity as supplemental to the rest of the law
• “A statute is not to be construed in derogation of well-established principles of common law, or of equity, unless so required by express words or by necessary implication and then only to the extent clearly indicated.” (emphasis omitted)

Source: CourtListener parenthetical corpus (CC0).