Bryan v. Brasius
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP ARIZONA. In his lifetime one Jonathan M. Bryan, who was the owner of the 160 acres of land in controversy in this action, being the N. E. \ of section 5, T. 1 N., R. 3 E., Gila and Salt River-meridian, executed and delivered his promissory note to M. W. Kales, February 23, 1883, for the sum of $2500, payable February 23, 1884, with interest at the rate of one and one half per cent a month.
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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP ARIZONA. In his lifetime one Jonathan M. Bryan, who was the owner of the 160 acres of land in controversy in this action, being the N. E. \ of section 5, T. 1 N., R. 3 E., Gila and Salt River-meridian, executed and delivered his promissory note to M. W. Kales, February 23, 1883, for the sum of $2500, payable February 23, 1884, with interest at the rate of one and one half per cent a month. To secure the payment of the note, on the same day he executed and delivered to Kales a mortgage of all the said land. At that time, and also at the time he…
1Opinion of the CourtJustice Shieas
This case differs from the case of Bryan v. Kales just decided, in the particular that the mortgagee, Kales, is not himself the defendant, but the defendants in possession are his alienees. The question thus presented is precisely the one that was ruled in- the case of Brobst v. Brock, 10 Wall. 519, where this court held that a mortgagor of land cannot recover in ejectment against the mortgagee in possession, after breach of the condition, or against persons holding possession under the mortgagee ; and also held that an irregular judicial sale made at the suit of a mortgagee, even though no…
2Cases cited2 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- Bryan v. BrasiusArizona Supreme Court · 1892
3Cited by1 opinion
- Bryan v. BrasiusSupreme Court of the United States · 1896