Allen v. Spensley
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Western District of Wisconsin; J. Otis Humphrey, Judge. Bill by Philip Allen, Jr., and another against Calvert Spensley, as trustee, and Christopher Ú Williams, as receiver, of the First National Bank of Mineral Point. From a decree dismissing the bill, plaintiffs appeal.
Read the full summary
Appeal from the Circuit Court of the United States for the Western District of Wisconsin; J. Otis Humphrey, Judge. Bill by Philip Allen, Jr., and another against Calvert Spensley, as trustee, and Christopher Ú Williams, as receiver, of the First National Bank of Mineral Point. From a decree dismissing the bill, plaintiffs appeal. This appeal is brought for reversal of a decree of the Circuit Court, on final hearing of the issues, whereby the axipellants’ bill of complaint filed therein is dismissed for want of equity. - The relief sought in the suit was to set aside a conveyance of real…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). The appellants, husband and wife, joined as plaintiffs in a suit against the appellees, as trustee and receiver, respectively, of the First National Bank of Mineral Point, to set aside the conveyance of a homestead owned by the husband, under a deed purporting to be executed by both appellants in favor of the appellee trustee for the benefit of the bank. Commenced in a state court, the case was removed to the federal court, with final hearing — Judge Humphrey presiding — on the undisputed testimony of both plaintiffs, and was dismissed for want of equity.…
2Cases cited3 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Price v. Bank of PoynetteWisconsin Supreme Court · 1910
- German Bank v. MuthWisconsin Supreme Court · 1897