Legal Opinion

Catlin v. Douglass

United States Circuit Court

Decided November 15, 1887PublishedCited by 7 opinions

In Equity. On demurrer. This was a suit by Levi Catlin against Yates Douglass, the Chicago Lumber Company, and the Merrimac River Savings Bank, to foreclose a mortgage on certain real estate owned by the defendant Douglass. The petition alleged that the Chicago Lumber Company and the Merrimac River Savings Bank had some liens upon, or claims to, the mortgaged property, and required them to sot out the same.

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In Equity. On demurrer. This was a suit by Levi Catlin against Yates Douglass, the Chicago Lumber Company, and the Merrimac River Savings Bank, to foreclose a mortgage on certain real estate owned by the defendant Douglass. The petition alleged that the Chicago Lumber Company and the Merrimac River Savings Bank had some liens upon, or claims to, the mortgaged property, and required them to sot out the same. The bank contested the claim of the lumber company, and the cause was heard upon a demurrer filed by the latter to the matter set up by the bank.

1Opinion of the CourtPoster, J.

The Chicago Lumber Company, under an alleged contract with the owners of the property, Douglass and Bixbv, furnished them a large amount of lumber and material, to be used in the erection of a ilouriug-mill and residence on the 40 acres of land set out in its cross-bill. The material was delivered between the seventh day of November, 1882, and the thirteenth day of December, 1883. On January 1, 1884, the Chicago Lumber Company took a note from Douglass, due the first day of July following, for the balance due, to-wit, $1,813.37. The note was not paid, and on or about the first day of July,…

2Cases cited3 opinions

  1. Davis v. BullardSupreme Court of Kansas · 1884
  2. Crawford v. BlackmanSupreme Court of Kansas · 1883
  3. Seaton v. ChamberlainSupreme Court of Kansas · 1884

3Cited by7 opinions

  1. Hull v. Massachusetts Bonding & InsuranceSupreme Court of Kansas · 1912
  2. James A. C. Tait & Co. v. StrykerOregon Supreme Court · 1926
  3. Stark-Davis Co. v. FellowsOregon Supreme Court · 1929
  4. Coyle v. United States Gypsum Co.Supreme Court of Oklahoma · 1917
  5. Bethlehem Construction Co. v. Christiana Construction Co.Superior Court of Delaware · 1928

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