Factors' & Traders' Insurance v. Murphy
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. This suit was originally brought by the widow Mary Murphy, in the Fifth District Court of the- Parish of Orleans, to foreclose a mortgage upon real estate in Louisiana, which had been the property of a bankrupt, and had been sold by order of the District Court of the District of Louisiana free from incumbrances, and purchased by a holder of notes secured by the same mortgage.
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IN ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. This suit was originally brought by the widow Mary Murphy, in the Fifth District Court of the- Parish of Orleans, to foreclose a mortgage upon real estate in Louisiana, which had been the property of a bankrupt, and had been sold by order of the District Court of the District of Louisiana free from incumbrances, and purchased by a holder of notes secured by the same mortgage. The facts which raise the federal question are stated in the opinion of the court. The Supreme Court of the State, to which the case came on appeal, decreed a sale…
1Opinion of the CourtJustice Miller
delivered the opinion of the court. .
This was a writ of error to the Supreme Court of Louisiana. The defendant in error sued in the proper court of the State to foreclose a mortgage given by Paul Cook and Justus Yairin, Jr., to secure the payment of four notes of $10,000 each, given by them' in their ■ partnership name of Paul Cook & Co., of which she was then the holder and owner of two, all the notes being of the same date. She alleged that Cook and Yairin had been declared bankrupts, and that by certain proceedings in the bankruptcy court, and under its order, the mortgaged property had…
2Cases cited3 opinions
- Ray v. NorseworthySupreme Court of the United States · 1875
- Campbell v. CarterIllinois Supreme Court · 1853
- Barker v. FloodMassachusetts Supreme Judicial Court · 1870
3Cited by55 opinions
- United States v. StowellSupreme Court of the United States · 1890
- NJ Builders, Owners and Managers Association v. BlairSupreme Court of New Jersey · 1972
- Traer v. ClewsSupreme Court of the United States · 1885
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Bankr. L. Rep. P 69,858 in the Matter of Mooney Aircraft, Inc. And Mooney Corporation, Bankrupts. Mooney Aircraft Corp. v. Joyce L. FosterCourt of Appeals for the Fifth Circuit · 1984
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