Wilcox v. Carr
U.S. Circuit Court for the Southern District of Iowa
In Equity. Bill by Almira R. Wilcox against Benjamin W. Carr and others for the foreclosure of a mortgage on real estate.
1Opinion of the CourtShiras, J.
This suit is brought for the purpose of foreclosing a mortgage on realty, executed by Benjamin W. Carr and his wife, to secure the payment of a coupon bond for $700, dated May 1, 1880, and maturing May 1, 1885. The defense is that the debt has been paid. The evidence shows that it is another of the contests caused by the embezzlements of Hugh R. Creighton, of which several have already been heard and determined in this court, and in which the ultimate question to be solved is, which of the parties, both being free from fault, must bear the loss occasioned by the wrong-doing of the said…
2Cases cited1 opinion
- Bronson's v. ChappellSupreme Court of the United States · 1871
3Cited by3 opinions
- General Convention of Congregational Ministers & Churches v. TorkelsonSupreme Court of Minnesota · 1898
- Clark v. The St. PaulDistrict Court, S.D. New York · 1897
- Sherrod v. Springfield Baptist ChurchCourt of Appeals of Georgia · 1917