| U.S. Circuit Court for the District of Nebraska | May 3, 1897
Complainants brought this action in the state court to quiet title in them against the claim of title on the part of the respondents to certain real estate in the bill described, situate in the state of Nebraska. The complainants in their bill allege they are the owners in fee simple of said real estate. The respondents deny complainants’ title; allege title in themselves, and that they are in the possession of said premises. By the pleadings and proof it is clearly shown that respondents are now, and were at the time of the bringing of the action, in the possession of said real estate. Respondents removed the case into this court on the ground that a federal question was involved, and now move to have the case dismissed for the reason that the action is an equitable one, and that this court has no jurisdiction to determine the rights of the parties in an equitable proceeding, as complainants have an adequate remedy at law. The action is one in equity, and is authorized to be brought and maintained in the state court by the provisions of the state statute. Comp. St. Neb. 1895, c. 73, § 57; Foree v. Stubbs, 41 Neb. 271" court="Neb." date_filed="1894-06-26" href="https://app.midpage.ai/document/foree-v-stubbs-6649236?utm_source=webapp" opinion_id="6649236">41 Neb. 271, 59 N. W. 798; Dolen v. Black, 48 Neb. 688" court="Neb." date_filed="1896-06-02" href="https://app.midpage.ai/document/dolen-v-black-6650534?utm_source=webapp" opinion_id="6650534">48 Neb. 688, 67 N. W. 760. It is claimed on the part of complainants that this equitable remedy given by the state statute may be maintained in the federal courts, and they cite in support thereof Holland v. Challen, 110 U.S. 15" court="SCOTUS" date_filed="1884-01-07" href="https://app.midpage.ai/document/holland-v-challen-90987?utm_source=webapp" opinion_id="90987">110 U. S. 15, 3 Sup. Ct. 495; Reynolds v. Bank, 112 U.S. 405" court="SCOTUS" date_filed="1884-11-24" href="https://app.midpage.ai/document/reynolds-v-crawfordsville-first-national-bank-91219?utm_source=webapp" opinion_id="91219">112 U. S. 405, 5 Sup. Ct. 213; and Arndt v. Griggs, 134 U.S. 316" court="SCOTUS" date_filed="1890-03-17" href="https://app.midpage.ai/document/arndt-v-griggs-92730?utm_source=webapp" opinion_id="92730">134 U. S. 316, 10 Sup. Ct. 557. We do not think these cases so hold. Holland v. Challen was a case involving, it is true, this statute of Nebraska; but in that case there was no one in possession of the premises, and complainant had no adequate remedy at law. In Reynolds v. Bank the question as to whether complainant had a complete adequate remedy at law did not arise. In Arndt v. Griggs it was held that “a state may provide by statute that the title to real estate within its limits shall be settled and determined by a suit in which the defendant, being a nonresident, is brought into court by publication.” The judiciary act provides “that suits in equity shail not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.” In Whitehead v. Shattuck, 138 U.S. 146" court="SCOTUS" date_filed="1891-01-26" href="https://app.midpage.ai/document/whitehead-v-shattuck-92941?utm_source=webapp" opinion_id="92941">138 U. S. 146, 11 Sup. Ct. 276, it was held that a demurrer was properly sustained to a bill that alleged that the plaintiff was the owner in fee of the premises; that, notwithstanding such ownership, defendants were in possession, holding the same adversely under claim of the that had a