Prevost v. Healy

U.S. Circuit Court for the District of Eastern Pennsylvania

Prevost v. Healy

19 F. Cas. 1311, 7 W.N.C. 263, 1879 U.S. App. LEXIS 2156

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedApril 19, 1879

StatusPublished

This text of 19 F. Cas. 1311 (Prevost v. Healy) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prevost v. Healy, 19 F. Cas. 1311, 7 W.N.C. 263, 1879 U.S. App. LEXIS 2156 (circtedpa 1879).

Pincite

Opinion

THE COURT.

We are satisfied that the demurrer must be overruled. The only question of importance is whether the complainant’s bill avers possession, and shows a clear title. This we think is the ease. It may be that the complainant is not really in ' possession, and so, though entitled to the ownership, has begun this suit prematurely. But this the record, which alone we can look at, does not show. The bill avers possession, and this is'admitted by the demurrer.

Demurrer overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

THE COURT.

We are satisfied that the demurrer must be overruled. The only question of importance is whether the complainant’s bill avers possession, and shows a clear title. This we think is the ease. It may be that the complainant is not really in ' possession, and so, though entitled to the ownership, has begun this suit prematurely. But this the record, which alone we can look at, does not show. The bill avers possession, and this is'admitted by the demurrer.

Demurrer overruled.

Cite This Page — Counsel Stack

Bluebook (online)

19 F. Cas. 1311, 7 W.N.C. 263, 1879 U.S. App. LEXIS 2156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prevost-v-healy-circtedpa-1879.