Patrick v. Isenhart

• Decision Date: 19 May 1884
• Parties: PATRICK v. ISENHART and others.
• Court: U.S. District Court — District of Kansas

20 F. 339

PATRICK v. ISENHART and others.

United States Circuit Court, D. Kansas.

May 19, 1884

Guthrie & Bergen, for complainant.

G. C Clemens, for defendants.

FOSTER J.

If the facts alleged in this bill could be held to fix the legal title of the land in the plaintiff, then the bill could not be maintained, for he would have a complete and adequate remedy at law by an action of ejectment; but it seems to me the facts alleged show the equitable title only to be in the plaintiff and the legal title and possession in the defendants. It charges notice to all the defendants at the time of their purchase, of the facts and proceedings upon which the plaintiff's rights are predicated, and charges a conspiracy and confederation on the part of the defendants to cheat and defraud him. It also charges that the defendants paid no consideration for the legal title, and are not bona fide purchasers, etc. It further avers that the defendants have entered upon and are in possession of the premises and have built a fence thereon, and make a claim of title and ownership thereto, etc. It is evident from the bill that it makes a case relievable in equity, but not a case for removing a cloud from the title. It seems that in order to obtain that relief the complainant must have the legal and equitable title, as also the possession. 'Those only who have a clear legal and equitable title to land, connected with possession, have any right to claim the interference of a court of equity to give them peace or dissipate a cloud on the title. ' Orton v. Smith, 18 How. 265.

The prayer in this bill is for discovery and relief, and the relief prayed is as follows:

'And that your orator may be decreed to be the owner in fee-simple of said lands and tenements; that said defendants have no right or title therein; that your orator's title thereto be quieted, etc. And that the defendants * * * be forever barred from setting up any claim of right, title, or interest in said premises, and that your orator may have, generally, such other and further relief as the nature of his case may require.'

Equity rule 21 provides:

'The prayer of the bill shall ask the special relief to which the plaintiff supposes himself entitled, and also shall contain a prayer for general relief.'

The special relief prayed in this bill is to quiet title or remove a cloud, but there is also a prayer for general relief. Upon the state of facts set...