Allen Clark v. John Roller No 72 John Roller v. Allen Clark No 451

• Decision Date: 04 December 1905
• Docket Number: 451,Nos. 72,s. 72
• Citation: 50 L.Ed. 300,26 S.Ct. 141,199 U.S. 541
• Parties: ALLEN C. CLARK, Sarah P. Clark, His Wife, and Barton L. Walker, Appts. , v. JOHN E. ROLLER, Intervener. NO 72. JOHN E. ROLLER, Intervener, Appt. , v. ALLEN C. CLARK, Sarah P. Clark, and Barton L. Walker. NO 451
• Court: U.S. Supreme Court

199 U.S. 541

26 S.Ct. 141

50 L.Ed. 300

ALLEN C. CLARK, Sarah P. Clark, His Wife, and Barton L. Walker, Appts.,

v JOHN E. ROLLER, Intervener. NO 72. JOHN E. ROLLER, Intervener, Appt., v. ALLEN C. CLARK, Sarah P. Clark, and Barton L. Walker. NO 451.

Nos. 72, 451.

Argued November 9, 10, 1905.

Decided December 4, 1905.

Mr. Leo Simmons for appellants in No. 72, and respondents in No. 451.

Mr. John E. Roller in propria persona and Mr. O. B. Roller for respondent in No. 72, and appellant in No. 451.

Mr. Justice Holmes delivered the opinion of the court:

This is an appeal from a decree dismissing a bill brought by the Clarks for partition of certain land in the District of Columbia, and a cross appeal by Roller, to protect his rights in case the whole record should be held to be brought up by the appeal. A short history of the case is necessary to make the questions intelligible. The bill was filed on November 24, 1893. On January 23, 1894, Roller petitioned to be made a party, on the ground that he claimed the title, and two days later his petition was granted. On February 13 he answered, setting up a tax title in himself and the exercise of all rights of ownership and possession for nearly half a century, and also a previous decree between the parties. By a supplemental bill the plaintiffs alleged defects in the tax title, and prayed that it might be declared void. The previous decree referred to was rendered in an earlier suit, which was like the present, except that it made Roller a party. In that suit Roller demurred on the grounds of laches, and that the bill ought not to be maintained until the plaintiffs had established their title at law, and the bill was dismissed as against Roller in general terms. There was testimony that the judge stated that he dismissed the bill for laches and on the other grounds set up.

On May, 5, 1896, the present bill was dismissed as to Roller, on the grounds that the court had no jurisdiction as against him, that the bill was made multifarious by joining him, and that the plaintiffs were barred from equitable relief against him by laches. The next day the court ordered partition and appointed commissioners. The same month Roller entered an appeal from these decrees, which, however, was dismissed on October 24, 1898, for failure to give security for costs. On May 29, 1896, the commissioners made return, and on June 30, 1896, their report was confirmed. A conveyance of a part of the property was ordered, and a sale of the rest. It was further ordered that, on a ratification of the sale by the court, and payment, the purchase money should be brought into court, to be disposed of under its direction. A sale was not advertised until June, 1901. On July 26, 1901, Roller made a new application to come in, on the ground that the proceedings should have stopped after the decision and decree as to him, that he was in possession, and that the sale had not taken place, and if it did would be a cloud upon his title. On September 9, 1901, answers were filed to this petition, denying Roller's title and possession, and setting up that the possession was in one of the defendants in partition, and that the matters alleged had been adjudicated by the decrees in the cause. On November 6, of the same year, Roller's new petition was denied by the supreme court. He appealed, and in 1902, the mandate being filed on February 20, 1903, the decree of the supreme court was reversed by the court of appeals of the District, and the cause was remanded for further proceedings not inconsistent with the opinion of the court. The opinion is reported in 19 App. D. C. 539.

In that opinion it was stated that the proper course was to suspend proceedings under the bill in order to give the complainants reasonable time to establish their title at law. An application for rehearing was denied, and it was stated that the plaintiffs virtually conceded that the decree of partition was at least premature, but relied on the ground that it became final at the expiration of the term at which it was rendered. The plaintiffs, on November 27, 1903, filed a paper alleging that they were in possession, and that the matter was adjudicated as against Roller, and stood upon the record. Thereupon, on January 6, 1904, a final decree was entered by the supreme court, dismissing the bill without prejudice. This was affirmed by the court of appeals on May 24, 1904. From the latter decree the parties have taken the present appeals. It will be seen from what had preceded that the bill was dismissed because the plaintiffs, by their election of November 27, 1903, had declined to accept the suggested suspension of the bill and to proceed at law. The question is whether, generally and specially in the stage the case had reached, the condition attached to further proceeding with this cause was right.

A preliminary question is raised by the defendant Roller, who argues that the previous decree of the court of appeals, reversing the denial of his petition to come into the case a second time, was a final decree and settled the merits of the case. No doubt it did pass upon the merits, as we have explained, but it was not a final decree. It contemplated and required further proceedings; and not until the plaintiffs had elected to stand upon the record could it be known what those proceedings would be. Only then was it determined that the bill should be dismissed rather than...