Clark v. Roller,
199 U.S. 541 (1905)

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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.

Page 199 U. S. 542

The facts are stated in the opinion.

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