EQUITY-BILL TO REMOVE CLOUD FROM TITLE

Authors

Abstract

Plaintiff who was holder of a long term lease on the land and buildings in Chicago known as the Auditorium found that its plans for rebuilding so as to secure a return commensurate with its investment were seriously interfered with by the defendant lessors who took the position that wrecking the old building would constitute such waste as would work a forfeiture of the lease. The publicity of these claims, made the financial underwriters insist on a settlement of them before advances were made. Under this posture of affairs, the plaintiff filed a bill in the United States District Court for the removal of clouds on its title by securing a construction of the terms of the lease. There the bill was dismissed on the ground that there was no equity jurisdiction to hear the bill. Chicago Auditorium Assn. v. Cramer, 8 Fed. (2nd) 998. On appeal to the Circuit Court, held, that the bill stated a cause cognizable in equity as a bill to remove cloud on title. Chicago Auditorium Assn. v. Willing, (C. C. A. Ill. 1927) 20 Fed. (2nd) 837.

Recommended Citation

EQUITY-BILL TO REMOVE CLOUD FROM TITLE, 26 Mich. L. Rev. 426 (1928).
Available at: https://repository.law.umich.edu/mlr/vol26/iss4/8