Jones' Administrator v. Craig
127 U.S. 213 (1888)

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U.S. Supreme Court

Jones' Administrator v. Craig, 127 U.S. 213 (1888)

Jones' Administrator v. Craig

No. 235

Submitted April 18, 1888

Decided April 30, 1888

127 U.S. 213

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF NEBRASKA

Syllabus

A brought ejectment against B. B thereupon filed a bill in equity (which was subsequently amended) to remove a cloud from the title, setting up that the deed under which A claimed was a mortgage, with a written

Page 127 U. S. 214

contract of defeasance. A demurred. Upon hearing on the demurrer, it was ordered that if B should, within fifteen days, bring into court the amount due on the mortgage and interest and all taxes paid by A, etc., A should be restrained from further prosecution of the ejectment suit, but that if he should fail to do so within that time, the bill should be dismissed and the defendant allowed to proceed with the suit.

Held:

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