32 Ky. 10 | Ky. Ct. App. | 1834
delivered the Opinion of the Court.
A judgment was obtained against Lester, for the purchase money of a tract of land, which he contracted for with the Prestons, who claimed under Smith &c. ■ Les
Harris answered, setting up the validity of his title .under the register’s deed. lie made his answer operate as a bill against Smith &c., and prayed that they might, be compelled to relinquish all claim, and that his title might be quieted &c.
Smith &o. answered, impeaching the validity of the register’s deed ; made their answer a cross bill against Harris, and prayed that he might be compelled to re*linquish, in order to quiet their title &c.
In April, 1831, Lester dismissed his bill upon a com.* promise between himself and the plaintiffs at law. In July, 1831, Smith &c. filed their answer and cross bill to the bill of Harris against them. In October, 1831, Harris discontinued his cross bill against Smith &c. In October, 1832, the court took the cross bill of Smith &c. against Harris, for confessed, and rendered a decree against him, requiring him to convey to Smith &c. To reverse this.decree, Harris prosecutes a writ of error.
The main question relates to the jurisdiction of the court. The holder of the legal title, not, in actual possession', cannot, as a general rule, maintain a bill to quiet-his title, and to compel a relinquishment of adverse claims. But in this case, we think the chancellor acted correctly in deciding the controversy between Harris
We do not perceive how the jurisdiction can be ousted by the conduct of one or more of the parties compromising or discontinuing the cross bill filed. It would be of evil tendency to allow such a practice. It might, after the trouble and expense of preparation, put ^he rights of a party, reluctantly 'drawn in, at stake upon the issue of a new suit. We cannot thus allow parties to withdraw from a. jurisdiction which has fairly attached.
Upon the merits, the court decided correctly. The ^ast P»’0viS0 in the twenty third section of the act of 1799, entitled “an act to amend and reduce into one the several acts establishing a permanent revenue,” saves the rights of femes cover Is. There were two femes coverts hokl- °
Decree affirmed, with costi.