McFadden v. Heisen
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Idaho. The appeal in this case is taken from a decree of foreclosure of certain mortgages.
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Appeal from the Circuit Court of the United States for the District of Idaho. The appeal in this case is taken from a decree of foreclosure of certain mortgages. The original bill was filed .Tune 11, 1900. In the following January, and while the suit was pending, the appellant herein, who was the defendant In the foreclosure suit, entered into a contract with Charles M. Thayer and Ilenr.v J. Wilkins, whereby he agreed to sell to them the mortgaged property on certain conditions. In pursuance of that agreement, he executed a deed to Thayer, and Wilkins, and placed the same In escrow, together…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error that the court entered a decree of foreclosure in the face of the appellee’s contract to discontinue the suit. The appellee, for a valuable consideration, agreed to discontinue foreclosure proceedings, and not to institute further proceedings for the collection of his debt, provided that the said debt be paid in stipulated installments. There was default in the payment of the installments, and the appellee, instead of proceeding upon the original bill, filed an amended bill, setting up his cause of suit, and praying for foreclosure. The agreement to discontinue was…
2Cases cited7 opinions
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Spencer v. LapsleySupreme Court of the United States · 1858
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
- Hayes v. DunnSupreme Court of Alabama · 1902
- Christopher v. BallingerIllinois Supreme Court · 1868
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3Cited by2 opinions
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