Reference

Full Case Name

William Robinson, Non Compos Mentis, by Guardian v. Winston Jones

Status

Published

Syllabus

■Chancery Jurisdiction. Bill to correct writing, remove clouds from, title, and recover land and rents. R. and others partitioned certain land which they owned, but, in reducing the agreement of partition to writing, a tract which had been allotted to R. was, by mistake of the draughtsman, assigned to another of the parti■tioners, who conveyed it to J. The latter took possession of such tract of land, and for many years received the rents and profits thereof. When the mistake in the agreement of partition was discovered, R. filed a bill in chancery against his co-partitioners and J., asking to have the mistake in the agreement corrected, the deed to J. cancelled, as a cloud upon his title, and that J. be compelled to surrender to him possession of the land, and' to account for the rents and profits thereof. J. demurred to such parts of the bill as seek an adjudication of the title to the land in question, to obtain possession of the same and to recover rents and profits thereof, on the ground that the Chancery Court has no jurisdiction of such matters, and complainant’s remedy is at law. The chancellor sustained the demurrer and dismissed the parts of the bill referred to, except that the jurisdiction of the court was maintained and the bill retained intact so far as may be necessary to the removal of clouds from complainant’s title. Held, that the Chancery Court has jurisdiction to grant complainant complete relief, and this without regard to any statute on the subject of removing clouds from the title to land.