Friend v. Wise

Supreme Court

Friend v. Wise

111 U.S. 797, 4 S. Ct. 695, 28 L. Ed. 602, 1884 U.S. LEXIS 1843

Supreme Court of the United States·Decided May 5, 1884·Published·Cited by 5 cases

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

*798 These motions are denied. The value of the two sections of land which are in dispute is conceded to be more than $5,000. The complaint alleges a joint entry and ouster, and the answer does not set up separate claims to distinct parcels of the land by the several defendants. The judgment for the recovery of the possession is against all the defendants jointly. In this respect the case is entirely different from those of Tupper v. Wise and Lynch v. Bailey, 110 U. S. 398. We have jurisdiction therefore.

The questions arising on the merits are, some of them, of a character that ought not to be disposed of on a motion to affirm.

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Mr. Chief Justice Waite

delivered the opinion of the court.

*798 These motions are denied. The value of the two sections of land which are in dispute is conceded to be more than $5,000. The complaint alleges a joint entry and ouster, and the answer does not set up separate claims to distinct parcels of the land by the several defendants. The judgment for the recovery of the possession is against all the defendants jointly. In this respect the case is entirely different from those of Tupper v. Wise and Lynch v. Bailey, 110 U. S. 398. We have jurisdiction therefore.

The questions arising on the merits are, some of them, of a character that ought not to be disposed of on a motion to affirm.

Friend v. Wise, 111 U.S. 797, 4 S. Ct. 695, 28 L. Ed. 602, 1884 U.S. LEXIS 1843 (1884).

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Opinion

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