Clark v. Roller - 199 U.S. 541 (1905)
U.S. Supreme Court
Clark v. Roller, 199 U.S. 541 (1905)
Clark v. Roller
No. 72, 451
Argued November 9, 10, 1905
Decided December 4, 1905
199 U.S. 541
Semble a bill for partition cannot be made the means of trying a disputed title.
If, upon a bill of partition a defendant claims a paramount title and possession on grounds which give color to his claim and against which the plaintiffs at least are not entitled to equitable relief, the proper course is to suspend the bill and give the plaintiffs an opportunity to sue at law.
The facts are stated in the opinion.