BROWN V. RANK, 132 U. S. 216 (1889)

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U.S. Supreme Court

Brown v. Rank, 132 U.S. 216 (1889)

Brown v. Rank

No. 99

Submitted November 13, 1889

Decided November 25, 1889

132 U.S. 216


The defendant in a possessory action in the nature of ejectment brought in a court of Washington Territory where the laws permitted a mingling of common law and equity jurisdictions pleaded the general issue and also set up four defenses, one of which was the statute of limitations and one of which was an equitable defense. The plaintiff filed a general demurrer to the second, third and fourth defenses. The demurrer being overruled, the plaintiff elected to stand upon it, and the case was thereupon dismissed: Held that the final judgment was one dismissing the action at law, and was not a judgment in the exercise of chancery jurisdiction.

Page 132 U. S. 217

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