Brown v. Dickinson
Brown v. Dickinson
Opinion of the Court
The opinion of the Court was delivered by
It would require much investigation before the Court could determine that the interest conferred by the deed upon Esther Elizabeth Sessions, constituted a separate estate in her; and, of course, whether, upon her marriage, the property did not vest jure mariti, in her husband.
But it is not necessary to decide these points. The persons to whom she sold the property after she became discovert, have been sued, in trover, by the executor of her husband: and they have filed this bill for a discovery ag ainst him, and also asking tha't his suit be enjoined by this Court.
They have obtained no discovery; and the question is whether when a Court of concurrent jurisdiction, so far as the right of property is concerned, has cognizance of that right, this Court will interfere, unless it can grant the plaintiffs here a more complete remedy than they can obtain in the other Court. It is manifest we cannot. These plaintiffs have the possession: and we could do no more than quiet them in it by our injunction. The principle involved is analogous to that upon which we should decree a delivery of the slaves to
It is ordered that the decree be reversed, and the bill dismissed.
Decree reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.