Joseph Rucker Lamar

“ In this view of the case they rely upon the assignment of error that 'the court erred in suggesting and allowing the plaintiffs to amend their bill to conform to the proof after the trial of the issues, and the prayer of their bill in such a way as to change the nature and character of the bill from a bill for an injunction to a bill as to quiet title.'
The defendants did not appeal, and the appellants cannot be heard to complain of the court's action in granting their own motion. Parties cannot give jurisdiction, and may sometimes except to an erroneous ruling of the court in their favor. ”

“ Ochoa y Hermano, 4 Porto Rico Fed. Rep. 400, and Rubert y Catala v. Grahame, 4 Porto Rico Fed. Rep. 538, held the remedy at law to be wholly inadequate, and ruled that, in view of the nature of the questions arising under the Spanish law, the case was of a nature which could not be tried by a jury. There was a trial lasting many days, in which a multitude of witnesses were examined. There was an irreconcilable conflict in their testimony as to the boundaries of the swamp, and whether it belonged to the public or to private individuals. ”

“ They alleged further that the trespass and marking of the line had already been the occasion of violent altercations between the respective parties; that the deprivation of the property, and especially of the fresh water springs, would occasion irreparable damage. ”