Johnson v. Trust Co. of America
Court of Appeals for the Eighth Circuit
Appeal from Uie Circuit Court- of the United States for the District of Kansas. This suit involved a controversy between a judgment creditor and a mortgagee of real estate over the priority of their respective liens.
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Appeal from Uie Circuit Court- of the United States for the District of Kansas. This suit involved a controversy between a judgment creditor and a mortgagee of real estate over the priority of their respective liens. The appellee, the Trust Company of America, obtained a judgment on September 16, 189.'!. for $'11,502.20, in the district court of Shawnee county, in the state of Kansas, against Erasmus Bennett and Edwin R. Bennett, upon a debt which they incurred in the year 1891. On or about January 3, 1893, Erasmus Bennett and Edwin R. Bennett conveyed the real estate In controversy, which…
1Opinion of the CourtSanborn, Circuit Judge
A motion is made to dismiss the appeal on the ground that the co-defendants of the appellant have not joined in it, and there was no summons and severance. But a summons and severance are not in*176dispensable to the maintenance of an appeal by one of the parties to a decree, if it fairly appears from the record that the parties who might have joined have been notified to do so and have refused. Trust Co. v. McClure, 78 Fed. 211, 213, 24 C. C. A. 66, 68, 40 U. S. App. 46, 51; Masterson v. Herndon, 10 Wall. 416, 19 L. Ed. 953. The rule is that all parties who appear to have an interest in the…
2Cases cited4 opinions
- Masterson v. HerndonSupreme Court of the United States · 1870
- Butler v. WhiteSupreme Court of Minnesota · 1879
- Dolan v. Van DemarkSupreme Court of Kansas · 1886
- Farmers' Loan & Trust Co. v. McClureCourt of Appeals for the Eighth Circuit · 1897
3Cited by7 opinions
- Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
- Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
- Axelrod v. Osage Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Haskell v. PhelpsWashington Supreme Court · 1937
- City of Detroit v. Guaranty Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1909
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