Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WILDLIFE PRESERVES, INC. v. ALGONQUIN GAS TRANSMIS

June 19, 1953

WILDLIFE PRESERVES, Inc.
v.
ALGONQUIN GAS TRANSMISSION CO.



The opinion of the court was delivered by: HARTSHORNE

In this removed case plaintiff sues defendant in ejectment. Defendant has moved for summary judgment.

While the complaint alleges titled in plaintiff, and this title is denied in the answer, thus creating an apparent issue, plaintiff's counsel admits that plaintiff has no title to the property in question.

 It is elementary that a plaintiff in ejectment must recover on the strength of his own title. Egan v. LaFera Contracting Co., 1948, 136 N.J.L. 566, 57 A.2d 484; 18 Am. Jur., Ejectment, Sec. 20. Thus palpably, 'there is no genuine issue as to' the fact essential for plaintiff to recover. F.R.C.P. 56(c), 28 U.S.C.A. To such a situation the summary judgment principle laid down by Hart & Co. v. Recordgraph Corp., 3 Cir., 1949, 176 F.2d 90, has no application. In such a situation defendant's motion should be granted.

 Since this Court would then be compelled to dismiss the complaint for such reason, this motion should not be granted. F.R.C.P. 19(b). For the Condits, at any rate, are not indispensable parties, i.e., parties whose interests in the subject matter are such that the Court cannot proceed to adjudicate as to the rights of the present parties. United Lacquer Mfg. Corp. v. Maas & Waldstein Company, D.C.N.J. 1953, 111 F.Supp. 139.

 But, as indicated before, this Court then finds itself faced with a simple ejectment suit, with diversity of citizenship, but where plaintiff has no title nor right to immediate possession in the land in question.

 The complaint herein will accordingly be dismissed.

19530619

© 1992-2004 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.