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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 497   View pdf image (33K)
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BO0NE VS. BOONE. 497
WILLIAM BOONE AND OTHERS
vs. JULY TERM, 1850.
SAMUEL BOONE AND OTHERS.
[PARTITION.]
THIS Court will not sustain a bill for a partition, where the title of the com-
plainant is denied, or not clearly established by the evidence; but will
retain it for a reasonable time, to give him an opportunity to make out
his title at law.
The fact that the defendant relies upon lapse of time, and limitations founded
on long possession, is a strong reason for leaving the complainant to make
out his title at law.
[The facts of the case are sufficiently stated in the opinion.]
THE CHANCELLOR:
This is a bill for a partition, and the title of the plaintiffs
being denied, and not, in my opinion, established with that
degree of conclusiveness which is required in such cases; the
relief prayed cannot be granted, though the bill will be retained
for a reasonable time, to give the plaintiffs an opportunity to
make out their title at law.
In the case of Wilkin vs. Wilkin, 1 Johns. Ch. Sep., Ill,
the Chancellor said, " The Court does not sustain a bill for a
partition, unless the title be clear." And in Cartwright vs.
Pultney, 2 Atk., 380, Lord Hardwicke observed, that " where
there are suspicious circumstances in the plaintiff's title, the
Court will leave him to law."
As remarked by Chancellor Kent, in Wilkin vs. Wilkin, it
appears to be the course of the Court, when the question of
title on a bill for partition was in issue, to give the plaintiff a
reasonable opportunity to try his title at law, and in the mean
time to preserve the bill. In this case it is too clear for con-
troversy, that the title of the plaintiff is involved in doubt and
difficulties; that it is surrounded by suspicious circumstances,
 

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 497   View pdf image (33K)
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