1896

Louisville & Nashville R.R. Co. v. Taylor

Supreme Court of Virginia

93 Va. 226, 24 S.E. 1013

Appellees filed bill of complaint in circuit court to set aside proceedings in the county court that condemned a right of way through their lands. Judge of the county court who had been entering orders in the case was at the same time representing the railroad. Supreme Court reversed and dismissed for lack of equity jurisdiction. While the judge was expressly forbidden from hearing a case in which he clearly had an interest, the county court had jurisdiction, the necessary parties were before the court and the proceedings were binding on the parties until set aside or reversed in the manner provided by law. A court of equity had no jurisdiction to remove a cloud on title where the moving party was out of possession. There was a complete remedy at law in an action of ejectment for the recovery of the land.

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