Whiteside v. Haselton

Citations

• 110 U.S. 296
• 4 S. Ct. 1
• 28 L. Ed. 152
• 1884 U.S. LEXIS 1693

Syllabus

<p>Appeal — Estoppel—Evidence—Jurisdiction—Lis Pendens — Practice.</p> <p>1. The relief sought for in equity was partition of real estate in defendant’s possession with denial of plaintiff's title, accounting, and recovery of rents in arrear. The record did not show affirmatively that the amount in controversy exceeded $5,000. On a motion to dismiss the appeal for want of jurisdiction, the court received affidavits as to the value of the property, and finding it established at over $¿,000, retained jurisdiction of the cause.</p> <p>2. B and E were tenants, under a lease from W, of an undivided interest in a mine. After the expiration of the lease they remained in possession of the property recognizing the superior title to the whole mine of H, owner of another undivided interest therein, and denying the title of W. W then filed in the State court of Tennessee, a bill in equity, charging that B, E, and H had confederated, together to defraud W of the property and of the rents and profits, and praying for affirmance of his title and other affirmative relief. The defendants appeared and answered, and a decree was entered recognizing and enforcing the rights of W. Pending the litigation a corporation, of which H was president, organized under the laws of another State, was put in possession of the whole mine and property. In a suit in equity by W against B, E, H, and the corporation to obtain partition, and an accounting, and such rents in arrear as might be found due : Meld, That the decree in the former suit was conclusive of the rights of W, as against B, E, H, and the eorooration.</p>