Hoshaw v. Cosgriff
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Action by William B. Hoshaw, successor to George W. Hoyt, as trustee in bankruptcy of the estate of the Cook Bros. Company, a bankrupt, against Rose M. Cosgriff, as administratrix, and others. From a -judgment for defendants, plaintiff appeals. The trustee in bankruptcy of the estate of Cook Bros.
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Appeal from the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Action by William B. Hoshaw, successor to George W. Hoyt, as trustee in bankruptcy of the estate of the Cook Bros. Company, a bankrupt, against Rose M. Cosgriff, as administratrix, and others. From a -judgment for defendants, plaintiff appeals. The trustee in bankruptcy of the estate of Cook Bros. Company, a bankrupt, brought this action against appellees to recover certain property which it was claimed belonged to said estate. The appellees filed a motion to dismiss the complaint for want…
1Opinion of the CourtCarland, Circuit Judge
(after stating the facts as above). Counsel for the trustee claim that the facts stated are sufficient to constitute a cause of action for the recovery of the real estate hereinbefore described upon either of three theories: (a) Neither the bank nor
Cosgriff obtained title to the land by virtue of the foreclosure of the Hirsig mortgage, for the reason that the hank or Cosgriff was obligated to' pay off the indebtedness, the nonpayment of which caused the mortgage foreclosure; (b) that the complaint alleges that the conveyance by the bankrupt to Cosgriff, although an absolute warranty deed in…
2Cases cited3 opinions
- Carey v. DonohueSupreme Court of the United States · 1916
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Mattley v. GieslerCourt of Appeals for the Eighth Circuit · 1911
3Cited by13 opinions
- Morales v. Sun Constructors, Inc.Court of Appeals for the Third Circuit · 2008
- Hayes v. Travelers Ins. Co.Court of Appeals for the Tenth Circuit · 1937
- Bradley v. RobieCourt of Appeals for the Eighth Circuit · 1920
- Ser Yang v. Western-Southern Life Assurance Co.Court of Appeals for the Eighth Circuit · 2013
- Todd Brothers v. FEDERAL CROP INSURANCE CORPORATIONNebraska Supreme Court · 1965
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