Harrington v. Cubbage
Harrington v. Cubbage
Opinion of the Court
Opinion by
Bill filed With a prayer to grant and secure title by decree to the 'S. E. \ of S. E. 4 of section 13, inT. 85, N. of R. 4,'E. of 5th P. M. 'The’bill-states that one Eno obtained judgment against Ctibbage, Sr., in .Wisconsin in 1841; and on the transcript thereof -judgment 'was rcovered against said Cubbage in Jackson county, jowa, in June 1847, for $112 37. That in October, 1841, Said Oubbage entered the N. E. i of the N. E. i of section lá, and in September, of that year, H. Palmer entered the land in question, and that before the entry be agreed, by bond, to convey the same to said .Oubbage, and that the
This bill was dismissed on demurrer in the court below. Complainant now seeks to reverse this decision, and claims that there is equity in the bill, and that it is not demurable. It is true where there is a demurrer to an entire bill which shows equity on its face, and is defective in part only, that it should be overruled. But this rule cannot control the decision in this case. The demurrer is to the whole bill, and virtually alleges that it contains no averments which confer equity jurisdiction. The object sought in the bill, is to remove a cloud from complainant's title; and this object may be secured by a party in possession of the premises to which another person may claim title. Eev. Stat. 110, § 35. But in this case the bill shows that complainant is not
But it is argued that complainant acquired only an equitable interest in the land which he purchased under* the valuation law, and that a mere eqiritablo title cannot be enforced in a court of law. The act to allow and regulate the action of right provides that the proper remedy for recovering any interest in lauds, tenements, or hereditiments shall be by an action of right. JBev. Stat. 527, § 1. The second section provides that a valid subsisting interest in the property claimed will enable a party to recover in this action, and nothing less than a valid subsisting interest would justify a recovery in equity. As the action of right extends to any interest in land it necessarily comprises an equitable interest.
We conclude, then, that a court of law is fully competent administer justice in the premises, and that the facts alleged in the bill do not entitle complainant to the relief: ought.
Decree affirmed.
Reference
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