Benker v. Meyer
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was a suit in ejectment to recover possession of land in Nebraska. The defendants justified their possession under certain attachment proceedings in the courts of Nebraska and a purchase of the land by them at a judicial sale made therein. They were creditors of one Petterson, a resident of South Dakota, who owned the Nebraska land.
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In Error to the Circuit Court of the United States for the District of Nebraska. This was a suit in ejectment to recover possession of land in Nebraska. The defendants justified their possession under certain attachment proceedings in the courts of Nebraska and a purchase of the land by them at a judicial sale made therein. They were creditors of one Petterson, a resident of South Dakota, who owned the Nebraska land. They instituted a suit by attachment against him in the district court of Oedar county, Neb., and levied on the land. Before process had been served on him Petterson died.…
1Opinion of the CourtAdams, Circuit Judge
Counsel in the presentation of this case have narrowed the question to this: Whether the district court of Cedar county, Neb., originally acquired jurisdiction over the foreign administrator appointed in South Dakota or whether that administrator by his voluntary appearance or subsequent affirmative action in that court and in the Supreme Court of Nebraska in the same case subjected himself to the jurisdiction of the Nebraska court, and whether, if that court acquired jurisdiction in either way, its judgment is res adjudicata of the question now before us.
An administrator is generally…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Decatur v. PauldingSupreme Court of the United States · 1840
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Nations v. JohnsonSupreme Court of the United States · 1861
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