Killian v. Ebbinghaus,
110 U.S. 568 (1884)

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U.S. Supreme Court

Killian v. Ebbinghaus, 110 U.S. 568 (1884)

Killian v. Ebbinghaus

Argued January 30, 1884

Decided March 3, 1884

110 U.S. 568


A bill of interpleader will not lie if the complainant sets up an interest in the subject matter of the suit and the relief sought relates to that interest.

A bill in the nature of a bill of interpleader cannot be maintained unless the relief sought is equitable relief.

A bill in equity will not lie if it is in substance and effect an ejectment bill, and if the relief it seeks can be obtained at law by an action in ejectment.

This was a suit in equity commenced by defendant in error as plaintiff below, against persons in possession of a tract of land in Washington and claiming title, to have a trust declared in the plaintiff below as to said land, and the legal beneficiaries under the trust ascertained. The defendants below denied the trust and set up adverse title. The decree below was in favor of the plaintiff there, from which the defendants below appealed.

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