Legal Opinion

Cumberland Lumber Co. v. Tunis Lumber Co.

Court of Appeals for the Fourth Circuit

Decided June 12, 1909No. 869PublishedCited by 9 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. At the time of the proceeding and sale involved in this appeal, a creditors’ bill in the name of Wilson, administratrix, and Tunis, administratrix, against the Tunis Lumber Company was pending on the equity docket in the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk.

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Appeal from the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. At the time of the proceeding and sale involved in this appeal, a creditors’ bill in the name of Wilson, administratrix, and Tunis, administratrix, against the Tunis Lumber Company was pending on the equity docket in the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. The Tunis Lumber Company was a corporation organized under 'the laws of Virginia, with its principal place of business in Norfolk, and it was engaged in the lumber business, and was the owner…

1Opinion of the CourtBoyd, District Judge

(after stating the facts as above). This case is before us to be considered upon the following assignments of error:

First. The court erred in entering the decree of July 11, 1908, confirming the sale of certain lands, because it appears upon the face of the proceedings that the act of Congress of March 3, 1893, legulating and governing the sales of lands under the decrees of the United States courts, had not been complied with, and because the said Tunis Dumber Company had had no notice of said confirmation.

Second. The court erred in entering the decree of October G, 1908, refusing to set…

2Cases cited4 opinions

  1. Kirk v. HamiltonSupreme Court of the United States · 1880
  2. Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
  3. Godchaux v. MorrisCourt of Appeals for the Fifth Circuit · 1903
  4. Stockmeyer v. TobinSupreme Court of the United States · 1891

3Cited by9 opinions

  1. Bovay v. TownsendCourt of Appeals for the Eighth Circuit · 1935
  2. Lansburgh v. McCormickCourt of Appeals for the Fourth Circuit · 1915
  3. Plimpton v. Mattakeunk Cabin Colony, Inc.District Court, D. Connecticut · 1934
  4. Read v. ElliottCourt of Appeals for the Fourth Circuit · 1938
  5. Walker v. StuartDistrict Court, D. Maryland · 1919

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