Smith v. Orton,
Annotate this Case
62 U.S. 241 (1858)
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U.S. Supreme Court
Smith v. Orton, 62 U.S. 21 How. 241 241 (1858)
Smith v. Orton
62 U.S. (21 How.) 241
After various proceedings in the mode of deeds, bonds &c., the legal title to a piece of property became vested in one person and the equitable title in another.
The holder of the equitable title has a right to file a bill against the holder of the legal title, to compel him to convey such legal title upon clearing off the encumbrances.
This right is not destroyed by the circumstance that the holder of the legal title had succeeded in a suit against another holder of the legal title, to which suit the holder of the equitable title was not a party.
The fact that neither party is in actual possession of the premises is of no consequence, because the controversy is with respect to the legal title.
This case was before this Court at a prior term, and is reported in 59 U. S. 18 How. 263. It is proper to remark that the bill, in this case, set forth that the controversy in the state court, which was referred to in 18 How. had become terminated.
The facts of the case are stated in the opinion of the Court.