Cutter v. Iowa Water Co.
U.S. Circuit Court for the Southern District of Iowa
In Equity. On demurrer to bill. The bill herein Is lengthy. It attempts, with considerable of detail, to recita various matters in connection with a foreclosure suit lately pending In this couit, wherein one of the defendants herein, the Farmers’ Loan & Trust Company, was, as trustee, plaintiff, and another defendant herein, the Iowa Water Company, was, with others, defendant.
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In Equity. On demurrer to bill. The bill herein Is lengthy. It attempts, with considerable of detail, to recita various matters in connection with a foreclosure suit lately pending In this couit, wherein one of the defendants herein, the Farmers’ Loan & Trust Company, was, as trustee, plaintiff, and another defendant herein, the Iowa Water Company, was, with others, defendant. Various matters pertaining to the mortgage foreclosed, the water-plant property against which said foreclosure was brought, and the bonds secured by said trust deed, are also set up. Collusive and fraudulent acts on the…
1Opinion of the CourtWoolson, District Judge
(after stating the facts as above). 1. The first point to be considered relates to the nature of the bill. The demurrants insist it is, in part at least, a bill of review, and as such insufficient, in that it does not set out the decree attacked, and was filed without leave first liad. Plaintiff insists it is not a bill of review. Plaintiff, in his individual capacity, was not a party to the original suit. And this suit is not brought “to reverse or modify a decree, that has been signed and enrolled, for error in law apparent on the face of the decree, or on account of new facts discovered…
2Cases cited9 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
- Shields v. ThomasSupreme Court of the United States · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Echols v. GreenSupreme Court of Georgia · 1913
- Axelrod v. Osage Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1928
- State Trust Co. v. Kansas City, P. & G. R.U.S. Circuit Court for the District of Western Missouri · 1901
- Miller v. Loft, Inc.Court of Chancery of Delaware · 1931
3 more not listed; retrieve them via the Exa API.