Samuel Freeman Miller

“ While some of our older States still uphold many of the safeguards of the common law, with its complicated system of conveyancing, operating as a strong drag upon the facility and frequency of transfers of real property, our Western people traffic in land as they do in horses or merchandise, and sell a quarter-section of land as readily and as easily as they do a mule or a wagon. ”

“ The complainant's first proposition-that his title is good, founded on the prior mortgage, and, being the true legal title, should prevail-contains no element as it is stated, or in the facts which go to make up his title, that calls into action the powers of a court of chancery. If under the proceedings which took place in regard to the mortgage of Gallagher, [1] the complainant acquired the legal title to the real estate in question, a court of law would notice that title, and is as much bound to respect it as a court of equity. ”

“ The rapid settlement of a new country requires that a title once fairly determined shall not be again disturbed as between the same parties.
The Revised Statutes of Missouri of 1855, [7] concerning the action of ejectment, say: 'A judgment, except of nonsuit, in an action authorized by this act, shall be a bar to any other action between the same parties, or those claiming under them, as to the same subject-matter.' We hold this enactment to be binding on the Federal courts as well as those of the State. It is a rule of property. ”

“ It concerns the stability of titles to land, and it would be highly improper to adopt in the Federal courts a rule tending to increase litigation and unsettle those titles, which is in conflict with the one prescribed by the law-making power of the State. It is a matter which involves something more than a mere rule of practice. It is a question whether a matter, which is conclusive of the title to land in the State courts, shall have the same effect in the Federal courts. It is our opinion that it should. ”

“ The complainant, however, seeks to evade the force of the general principle on the ground that the verdict and judgment in actions of ejectment have not that conclusive effect between the parties which they have in other actions, either in courts of law or equity. ”

“ The laws of the people correspond with their habits. Deeds of conveyance are, by statute, rendered exceedingly simple and effectual, the main safeguard being a well-digested system of registration. In consonance with this general facility of traffic, it is their policy to prevent those endless litigations concerning titles to lands, which, in other countries, are transmitted from one generation to another. ”

“ The second proposition, in respect of which complainant asks relief,-that the mortgage to Carswell and McClellan is fraudulent, made to hinder creditors, &c.,-is one of the common grounds of equity jurisdiction. To relieve against fraud, and to set aside and cancel fraudulent conveyances, are among the ordinary duties of courts of chancery. ”