Stephen Johnson Field

Name: Scott v. Neely — Opinion of the Court
Author: Stephen Johnson Field

Summary

“Scott v. Neely — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as the United States, equity and suit.

Quotes from Scott v. Neely — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ An action at law, whether in the ancient form of ejectment or in the form now commonly used, will lie only against a party in possession. Should suit be brought in the federal court, under the Nebraska statute, against a party in possession, there would be force in the objection that a legal controversy was withdrawn from a court of law.' There is nothing in that decision that gives sanction to the enforcement in the federal courts of any rights created by state law which impair the separation there required between actions for legal demands and suits for equitable relief. ”

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Source: Wikisource

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ In all cases where a court of equity interferes to aid the enforcement of a remedy at law there must be an acknowledged debt, or one established by a judgment rendered, accompanied by a right to the appropriation of the property of the debtor for its payment; or, to speak with greater accuracy, there must be, in addition to such acknowledged or established debt, an interest in the property or a lien thereon created by contract or by some distinct legal proceeding. ”

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Source: Wikisource

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ The Code of Mississippi gives to a simple contract creditor a right to seek in equity, in advance of any judgment or legal proceedings upon his contract, the removal of obstacles to the recovery of his claim caused by fraudulent conveyances of property. There the whole suit, involving the determination of the validity of the contract, and the amount due thereon, is treated as one in equity, to be heard and disposed of without a trial by jury. ”

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Source: Wikisource

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ Upon the contention of the complainants, it is not perceived why all actions at law, even for injuries to persons or property, may not be withdrawn by the state from a court of law to a court of equity, by allowing a lien upon the property of the defendants on the issue of process at the commencement of the action, and authorizing the court to direct a sale of the whole or a portion thereof, in its discretion, to pay the damages recovered, and to set aside any obstacles to their satisfaction from fraudulent conveyances of the wrong-doer. ”

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Source: Wikisource

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ Few persons would be willing to take possession of such land, inclose, cultivate, and improve it, in the face of a disputed claim to its ownership. The cost of such improvements would probably exceed the value of the property. An action for ejectment for it would not lie, as it has no occupant; and if, as contended by the defendant, no relief can be had in equity because the party claiming ownership is not in possession, the land must continue in its unimproved condition. ”

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Source: Wikisource

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ It is manifestly for the interest of the community that conflicting claims to property thus situated should be settled, so that it may be subjected to use and improvement. To meet cases of this character, statutes like the one of Nebraska have been passed by several states, and they accomplish a most useful purpose. ”

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Source: Wikisource

Stephen Johnson Field, Scott v. Neely — Opinion of the Court

“ The equitable suit is to enforce the application of the property to the purposes in tended by the contract of the parties. In the case at bar, under the statute of Mississippi, there is no amount stated by the defendant as due, which is secured by any lien on property executed by him ”

Stephen Johnson Field

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