Stephen Johnson Field

“ But, if such bills cannot be allowed under one state of conveyances, it must certainly be said that there is a defect of justice in our country. A court of common law can give no relief in such a case; and, if equity cannot do it, then is the case a hopeless one. If, however, the principles which govern courts of equity are examined, it will be found that there are many circumstances in this case, independent of defective conveyances, which sustain the jurisdiction.' See, also, Coal Co. ”

“ A right of fishery asserted by one party, and controverted by numerous riparian proprietors on the river, is an instance given by Story where such a bill will lie. In such cases a court of equity will interfere and bring all the claimants before it in one proceeding to avoid a multiplicity of suits. A separate action at law, with a single claimant, would determine nothing beyond the respective rights of the parties as against each other, and such a contest with each claimant might lead to interminable litigation. ”

“ The objection of the defendants to the jurisdiction of a court of equity in this case arises from confounding it with a bill of peace and an ordinary bill quia timet, to neither of which classes does it belong, nor is it governed by the same principles. Bills of peace are of two kinds: First. Those which are brought to establish a right claimed by the plaintiff, but controverted by numerous parties having distinct interests originating in a common source. ”

“ It is therefore ordered that the decree of the court below be reversed, and the cause remanded to that court, with directions to enter a decree declaring the title of the complainants to the premises described in their complaint, by adverse possession of the parties through whom they claim to be complete, and that the defendants be enjoined from asserting title to the said premises through their former owner. Each party to pay his own costs. ”

“ Rep. 209.
'As a general doctrine,' says Angell in his treatise on Limitations, 'it has too long been established to be now in the least degree controverted that what the law deems a perfect possession, if continued without interruption during the whole period which is prescribed by the statute for the enforcement of the right of entry, is evidence of a fee. Independently of positive or statute law, the possession supposes an acquiescence in all persons claiming an adverse interest ”