Joseph P. Bradley

“ But whatever the reasons for inaction may have been, C. I. Field and his representatives and heir at law have always, since the war, remained in possession, and the heir cannot, in equity, be ousted of that posession without a settlement of the accounts. It is very doubtful, indeed, whether, without this possession, even a technical plea of the statute of limitations, or lapse of time analogous thereto, could be sustained. After the death of D. I. Field, his administrator, E. H. Field, and C. I. Field, by mutual consent, continued the partnership until the breaking out of the war. ”

“ Her position is really one of defense. She has possession, and an attempt is made, under a technically legal title, to deprive her of that possession, while that legal title is a merely formal one, since, as before said, the lands are partnership property and assets, in equity subject to the partnership debts ”

“ The other side, it is true, have prevailed at law; but they cannot prevail in equity. It would be strange, indeed, if the principal capitalist of the firm, who advanced much the largest amount of money in the concern, should be brought in debt to his copartner. ”