Mercelis v. Wilson, 235 U.S. 579 (1915)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 235 U.S. 571, click here.

Mercelis v. Wilson


No. 68


Submitted November 6, 1914
Decided January 5, 1915
235 U.S. 579

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR PORTO RICO

Syllabus

While parties cannot give jurisdiction, and may sometimes except to an erroneous ruling in their favor, in this case, held that, as the court had jurisdiction both of parties and subject matter, the party invoking a ruling to change a bill for injunction to one to quiet title cannot ask a reversal on the ground that the court had no power to grant such a motion.

As this case involved the fixing of a line, when that question was settled, it was proper to quiet the title of each party as against the other, and as the findings support a decree in accord with the character of the proceedings asked for by appellant and which prevented a multiplicity of suits, such a decree was properly entered.

5 P.R.Fed. 492 affirmed.

The facts, which involve the validity of a decree quieting title to property in Porto Rico, are stated in the opinion.