Barker v. Craig

• Decision Date: 30 April 1888
• Parties: BARKER et al. v. CRAIG
• Court: U.S. Supreme Court

8 S.Ct. 1175

127 U.S. 213

32 L.Ed. 147

BARKER et al. v. CRAIG.

April 30, 1888.

Geo. E. Pritchett, for appellants.

W. J. Connell, for appellee.

MILLER, J.

The appellants here, Henry O. Jones and John Jort, brought their bill in chancery against Walter Craig, the defendant, in the circuit court of the United States for the district of Nebraska. The object of the bill was to remove a cloud upon the title to certain lands. The defendant had brought an action of ejectment to recover their possession, and, having a prima facie title of record upon which he could recover, this bill was filed for the purpose of setting up an equitable defense. Thereupon a temporary injunction was allowed restraining Craig from prosecuting his action of ejectment until the chancery suit was decided. The allegation of the bill was that a deed under which the plaintiff in the ejectment suit asserted title was executed as a mortgage, with a written contract of defeasance when the money loaned should be repaid. To this bill a demurrer was filed, upon which the court made an order in the following language: 'If the plaintiff will amend bill and bring into court proper amount of money to redeem and pay taxes, all of same to bear interest from time money was due, and interest on taxes from date of payment, at present rate of interest, then perpetual injunction can be allowed. Costs of both suits to abide further order.' Afterwards the plaintiff did file an amended bill, to which likewise there was a general demurrer. Upon the hearing of that demurrer the court made the following order: 'Henry O. Jones et al. vs. Walter Craig. 193-H. This cause coming on to be heard upon the demurrer of the defendant to the amended bill of complaint filed herein, and the court being fully advised in the premises, it is ordered that if within fifteen days the plaintiff bring into court the amount of the note and mortgage set forth in the bill of complaint, with interest thereon from the time the note became due, with interest thereon at ten per cent. per annum until November 1, 1879, and from November 1, 1879, to date of this No, sir. Q. 2. Did you ever know or together with all taxes paid by defendant upon the land described in said Sierra Nevada mountains? A. A great per annum, then the defendant be restrained from the further prosecution of the cause in ejectment set forth in said bill of complaint, and entitled Walter Craig v. Henry O. Jones; but, if the going up to the mountains. Q. 3. Did...