Friend v. Wise/Opinion of the Court
These motions are denied. The value of the two sections of land which are in dispute is conceded to be more than $5,000. The complaint alleges a joint entry and ouster, and answer does not set up separate claims to distinct parcels of the land by the several defendants. The judgment for the recovery of the possession is against all the defendants jointly. In this respect the case is entirely different from those of Tupper v. Wise and Lynch v. Bailey, 110 U.S. 398; S.C.. ante, 26, 27. We have jurisdiction, therefore.
The questions arising on the merits are, some of them, of a character that ought not to be disposed of on a motion to affirm.
Notes[edit]
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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