Shirras & Others v. Caig & Mitchel
Supreme Court of the United States
ERROR to, the Circuit Court for the. district of Georgia, hy- Shirr as. and others original Complainants, against Caig and Mitchel, original Defendants, in-a.3uit in equity to foreclose a mortgage'of a lot, houses, and wharf in Savannah, called Gairdner’s wharf, which were in the possession of tlie-Defendalits. r . The mortgage was made on the 1st of December, 4801, by E'dwin Gairdner, in his own name, and also as attqrney for the Defendant, Caig, (but without any an thority…
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ERROR to, the Circuit Court for the. district of Georgia, hy- Shirr as. and others original Complainants, against Caig and Mitchel, original Defendants, in-a.3uit in equity to foreclose a mortgage'of a lot, houses, and wharf in Savannah, called Gairdner’s wharf, which were in the possession of tlie-Defendalits. r . The mortgage was made on the 1st of December, 4801, by E'dwin Gairdner, in his own name, and also as attqrney for the Defendant, Caig, (but without any an thority from Caig so to do,) to secure the payment of ¿30,000 sterling, for which E. Gairdner .had, on the same day, executed a…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the Court as follows:
This is an appeal from a decree rendered by the Circuit Court for the district of Georgia.
Shirras and others, the Appellants, brought their bill to foreclose the equity of redemption on two lots lying in the town of Savannah, alledged to have been mortgaged. to them by Edwin Gairdner. ' The deed of' mortgage is dated the first of December, 1801, and purports to be a conveyance from Edwin Gairdner and John Caig, by Edwin Gairdner his attorney in fact. Edwin Gairdner not appearing to have possessed any power, to act for John Gaig,…
2Cited by125 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Truscott v. . KingNew York Court of Appeals · 1852
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
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