Page:Federal Reporter, 1st Series, Volume 8.djvu/412

.3^8 7SDSIUL BBPOBTSB. ���, Chamberlain ». Marshali and others.* �. (Gireait Court, N. B. OMo, W. D. August, 1881.) �1. EQtrtTT — Bill Quia Timet—Requisites of. �In order to maintain a bill quia Umet, the complainant must have a clear Ies:al and equitable title oonnected with possession, and the pretended title or right which is alleged to be acloud upon his title must not only be clearly invalid or inequitable, but must be such as may, either now or in tho future, embarrass the real owner in controverting it. �A' ViBGINIA MlLITATST DlS-TBICT IN OhIO— TlTLES TO LANDS IN— JIQUITT PKACTICB �m U. s. Courts— Bill to Quibt Titlb— Remedy at La w— Action undbk Section 5779, OhioRet. Bt. �On March 17, 1807, M. entered 100 acres of land in the Virginia military dis- trict in Ohio, under a Virginia military warrant, which was surveyed, and, on November 28, 1823, and April 6, 1824, the entry and survey were recorded in the surveyor's office of the district. In July, 1877, the entry and survey were re- turned to the land-office and a patent issued thereon to M. 's heirs. In 1842 these lands, standing in the name of M. , became delinquent for taxes and were gold to A., to whom a tax deed was executed and through whom the complain- ant claims title. His predecessors in title entered into actual possession in 1849, slnce which time their and his possession has been under oolbr of title, adverse, notorious, and uninterrupted. �It seeins (1) that the entry and survey not having been returned to the land- dffice iihtil after ianuary 1, 1852, that they'were vacated and annulled ; (2) that the patent to M. 's heirs was issued without authority of law, and is void; (3) ,that the legal title. is still vested \tx the United States ; (4) that the tax title, being dependent upon the entry and survey of 31. , f ails with them, and that the com- plainant has only a naked legal possession. �(See opinion of Mr. Justice Matthews in Fussdl v. Hughes, supra.) �Hed, (1) that a bilI qtiia Umet, as known in the chancery practice, cannot be maintained ; (2) that, although section 5779, Itev. St. of Ohio, may author- ize'tfh'e complainant to commence an action for the determination of the ad- . Vferse interest of the defendant, the complainant has a complete and adequate remedyat laWi and qannot maintain a suit in equity in the courts of the United States, to determine, such interest. �In Equity. : �William Lawrence, for complainant. �Jereiniah Hall, for [defendants. �Matthews, Justice. This is a bill in equity to establisb and quiet �the title of the complainant to a tract of land of 100 acres in Logan �connty, OMo, described as Virginia military entry and sarvey No. �,5275. The complainant is a citizen of Ohio; the defendant, of Vir- �.gipria. ! �.1 The facts of the case, 80 farais material, are as follows: �On March 17, 1807, Robert Marsliall, the ancestorof the defendants, entered a Virginia military warrant, No. 1763, for 100 acres, being entry No. 5275, which was surveyed, and the entry and survey recorded in the surveyor'a oltico- �*Reported by J. C. Harjjer, Ks<i., of the CIDC.auutj bur. ��� �