Twist v. Prairie Oil & Gas Co., 274 U.S. 684 (1927)

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Twist v. Prairie Oil & Gas Company

Nos. 301

, 302

Argued April 28, 29, 1927
Decided June 6, 1927
274 U.S. 684

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. When a suit, begun in a state court, on a cause of action at law joined with one for equitable relief concerning the same subject matter, is treated after removal as a suit in equity, results in an equitable decree, and is appealed by both parties as equitable, it is reviewable as such upon the assignment of error, and the statutory rule limiting the scope of review in jury-waived cases at law is not applicable. P. 688.

2. It is error to treat such a suit in the appellate court as one at law and affirm the decree without considering the assignments of error. P. 692.

3. The objection that the suit is not within the equity jurisdiction, whether taken in the trial court or the appellate court, does not go to the power of the court as a federal court. P. 690.

4. While ordinarily one out of possession may not bring in a federal court a bill to quiet title against one in possession, because there is a full, adequate and complete remedy at law and the defendant is entitled to a jury trial, the suit is nevertheless within the jurisdiction -- i.e., the power -- of the federal court sitting in equity, and the objection of lack of equity jurisdiction may be waived. P. 691.

2 F.2d 347, 349, reversed.

Certiorari (270 U.S. 639) to review decrees of the circuit court of appeals affirming decrees of the district court in suits brought by Twist et al. to assert their interest in land covered by oil and gas leases held by the respondent oil company.