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LACASSAGNE V. CHAPUIS, 144 U. S. 119 (1892)

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U.S. Supreme Court

Lacassagne v. Chapuis, 144 U.S. 119 (1892)

Lacassagne v. Chapuis

No. 188

Submitted March 1, 1892

Decided March 21, 1892

144 U.S. 119

Syllabus

Under a writ of possession on a judgment entered in January, 1886, in a suit brought in a circuit court of the United States by C. against M. in March, 1884, L. was evicted from land, and the agent of C. was put in possession. L. was in possession under a sheriff's deed made in August, 1885, under proceedings in another suit against M. L. brought a suit in equity, in the same circuit court in April, 1886, against F. as testamentary executor of C. and individually, to have the suit of C. declared a nullity for want of jurisdiction, and because L. was not a party to it, and for an injunction restraining F. and the agent of C. from molesting L. in the possession of the land. On demurrer to the bill,

Held:

(1) The case was not one for a suit in equity.

(2) The possession of L. was that of M., and L. as a purchaser pendente lite was subject to the operation of the writ of possession.

(3) The proper decree was to dismiss the bill without prejudice to an action at law.

The case is stated in the opinion.





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