39 F. 481 | U.S. Circuit Court for the District of Northern Mississippi | 1889
The questions now for decision arise upon the demurrer of said railroad company to complainant’s bill. The bill, in substance, alleges that complainant, Albert Beebe, who is a citizen of the state of New York, and defendants W. Y. Sullivan and Mrs. C. E. Archibald, citizens of the state of Mississippi, and within the jurisdiction of this court, are the owners, as tenants in common, of the lands described in the bill, and are the only lawful owners thereof, and are in the actual occupancy of a large portion of said lands, and that, owing to the situation of the same, they are not susceptible of a division between complainant and W. V. Sullivan and Mrs. C. E. Archibald; complainant being entitled to the one-fourth in value thereof, said Sullivan to the one-fourth, and Mrs. Archibald to the one-half thereof. The bill further alleges that the Louisville, New Orleans & Texas Bailroad Company, defendant, and the other defendants, as complainant is informed and believes, sot up claim to said lands under pretended tax-deeds and claims from other sources, which the bill avers are void and invalid, but which cast clouds upon complainant’s title to said lands. The bill prays that by a decree of this court said pretended titles be declared void, and canceled, and said clouds be removed from complainant’s title, and that said lauds bo sold by a decree of this court, and the proceeds be divided
“If the title of the complainant seeking partition or sale of land for a division of its proceeds shall be controverted it shall not be necessary for the court to dismiss the bill or delay the suit for an action at law to try the title, but the question of title shall be tried and determined in said suit by the chancery court, which shall have power to determine all questions of title, and to remove clouds upon the title of any of the lands whereof partition is sought, and to apportion incumbrances if partition is made of land incumbered, and it is deemed proper to do so; and said court in such suit may adjust equities, and determine all the claims of the several parties thereto, as to the lands whereof partition or sale is sought.”
" There can be no doubt of the jurisdiction of the chancery court, under the provisions of this section, to adjust and determine all the rights of the tenants in common, joint tenants, or co-parceners in the land, and of all persons holding liens or incumbrances on the land growing out of and derived from the tenants in common or joint owners, or either of them, and to settle all controversies between them, and enforce their several rights; and if the railroad company was a tenant in common, or had any interest in common with the tenants in common, or held any lien or incumbrance under them or either of them, by mortgage, trust-deed , judgment lien, or otherwise, the court would have full jurisdiction to settle and determine all questions of title and interest of every kind between i't and the co-tenants, and by decree to declare any claim set up by it void if the proof so justified, and to remove the same as a cloud upon the title of the tenants in common,'the court otherwise having jurisdiction of the cause; but the claim of title of the railroad company is entirely adverse to the title of complainant and the other tenants in common stated in the bill. It is contended on the part of the complainant that the provisions of section 2576 of the Code, above stated, .provide for the removal of clouds from the title of those seeking partition or sale for division and the adjustment of all equities between the parties. Several of the states have statutes similar to this section, which have been construed by the supreme courts of such states as conferring, the power, in the partition proceedings, to make all persons setting up adverse claims to the lands sought to be partitioned or sold for division parties defendant, and to adjudicate all claims set up by them, and to declare such as may be found invalid clouds upon the title of those seeking partition or