Empire Trust Co. v. Brooks
Court of Appeals for the Fifth Circuit
Appeal from the' District Court of the United States for the 'Western District of Texas; Thomas S. Maxey, Judge. Suit in equity by the Empire Trust Company, trustee, against the San Antonio Land & Irrigation Company, Limited; Sidney J. Brooks, receiver, intervener. From a decree in favor of intervener, complainant, defendant, and .Floyd McGown, its receiver, appeal.
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Appeal from the' District Court of the United States for the 'Western District of Texas; Thomas S. Maxey, Judge. Suit in equity by the Empire Trust Company, trustee, against the San Antonio Land & Irrigation Company, Limited; Sidney J. Brooks, receiver, intervener. From a decree in favor of intervener, complainant, defendant, and .Floyd McGown, its receiver, appeal. Tho original bill in this cause was filed July 81, 1914, in the District Court of tho United States for the Western District of Texas, by the appellant, the Empire Trust Company, as trustee under a mortgage, executed May 1, 19X1,…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). [1] The decree was certainly not determinative of the issues presented by the original bill. It did, however, finally determine the issues presented by the intervention of appellee. If the court below had ruled upon the intervention adversely to appellee, the finality of tire decree against him would be obvious. In view of the impossibility of the appellant proceeding with the foreclosure suit, and having a lien declared in it upon the mortgaged property, with the mortgaged property in the possession of another court of concurrent jurisdiction, we think the…
2Cases cited16 opinions
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Palmer v. TexasSupreme Court of the United States · 1909
- Moran v. SturgesSupreme Court of the United States · 1894
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
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3Cited by46 opinions
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- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Bryan v. SpeakmanCourt of Appeals for the Fifth Circuit · 1931
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Boynton v. Moffat Tunnel Improvement Dist.Court of Appeals for the Tenth Circuit · 1932
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