Ropes v. Goldman
Ropes v. Goldman
Opinion of the Court
(after stating the facts) : The assignments of error are based on the decree sustaining the demurrer and discussing the bill. The bill is exceedingly informal, having no introductory clause naming the defendants and stating its character. The appellees insist that it was intended as a bill of review, and argue it from that standpoint. The appellant contends that it is not a bill of review, but a bill to remove a cloud from his legal title to the lands described in it. The bill attacks the decree which is claimed to be a cloud on his title on two grounds. The first ground is that the Chancellor in making the decree, made a mistake in decreeing to McCabe the undivided half of Section 45, T. 16, R. 29, Avhich the written agreement of the parties filed in the case showed
We find no error in the record. The decree appealed from is affirmed at the cost of appellant.
Reference
- Full Case Name
- E. E. Ropes v. Leopold Goldman, John N. Lake and W. B. Taylor, as Executors or the Last Will of William McCabe
- Status
- Published
- Syllabus
- 1. A decree in equity cannot be attacked collaterally by a party to the suit in which it was rendered, because of alleged mistakes made by the chancellor in construing the testimony. 2. A bill in equity which attacks and seeks to set aside a decree rendered in another suit as a cloud on the title to complainant’s land which does not allege that the decree attacked was obtained by fraud under such circumstances as will give jurisdiction to a court of equity or that the complainant’s title was equitable, or that the lands were wild and uncultivated, or that he was in possession of them, shows no grounds for equitable relief.