Fessenden v. Barrett
U.S. Circuit Court for the District of New Hampshire
At Law. Action by Albert L. Fessenden against Samuel N. Barrett and others to foreclose a mortgage. Defendants moved to dismiss.
1Opinion of the Court
Colt, Circuit Judge.
This is an action brought by the plaintiff for the purpose of foreclosing a mortgage on a certain tract of land situated in the town of Mason, N. H.. The mortgage covered several other tracts of land, not included in this suit. ■ The present hearing was had upon defendants’ motion to dismiss the suit upon the ground that the subject-matter here in controversy has become res adjudícala. This question is .generally more properly raised by-plea; but, since the plaintiff waives *691any informality as to the maimer in which this defense is presented, we will proceed to dispose of…
2Cases cited9 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Gates v. . PrestonNew York Court of Appeals · 1869
- Tioga Railroad v. Blossburg & Corning RailroadSupreme Court of the United States · 1874
- Jackson v. LodgeCalifornia Supreme Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Pan-American Petroleum Co.Court of Appeals for the Ninth Circuit · 1932