Legal Opinion

McCutchen v. Union Trust Co.

Court of Appeals for the Eighth Circuit

Decided January 12, 1921No. Nos. 5406, 5481Published

Appeal from the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Suit in equity by the Union Trust Company of Philadelphia against the Branch Mint Mining & Milling Company and others. Charles W. McCutchen and James D. Hardin appeal from an order confirming a foreclosure sale.

1Opinion of the Court

HOOK, Circuit Judge.

These appeals will be considered together. They present phases of a long and complicated litigation over what would ordinarily be a simple matter, the foreclosure of a mortgage upon a mining property in South Dakota. McCutchen appeals from an order denying him leave to intervene and from the confirmation of the judicial sale in foreclosure of the mortgage. Hardin, a party to the cause, appeals from the confirmation. Steps in the litigation appear in Phillips v. Mining Co., 27 S. D. 350, 131 N. W. 308; Hardin v. Union Trust Co., 191 Fed. 152, 111 C. C. A. 632, certiorari…

2Cases cited5 opinions

  1. Root v. WoolworthSupreme Court of the United States · 1893
  2. Hardin v. GrahamSouth Dakota Supreme Court · 1916
  3. Hardin v. Union Trust Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1911
  4. Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911
  5. Hardin v. GrahamSouth Dakota Supreme Court · 1917

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