Nelson v. Eaton
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This was a suit by C. L. Eaton against Peter B. Nelson and 01-lufine N. Nelson for the foreclosure of a mortgage. A decree pro confesso was entered. A motion by defendants to open the default was denied, and a final decree entered for complainant. Defendants appeal.
1Opinion of the Court
CALDWELL, Circuit Judge.
C. L. Eaton, the appellee, filed a bill in equity in the court below against Peter B. Nelson and Ollufine N. Nelson to foreclose a mortgage on lands executed by the defendants to Rockwell Sayer to secure the payment of a negotiable promissory note, payable to his order, for $2,240. The bill alleged an assignment of the note and mortgage to the complainant, but did not aver that the citizenship of the assignor was such that he could have maintained the suit in the circuit court if no assignment had been made. The defendants did not answer within the rime required by the…
2Cases cited8 opinions
- New Orleans v. BenjaminSupreme Court of the United States · 1894
- Plant Investment Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1894
- Wilson v. Knox CountyU.S. Circuit Court for the District of Eastern Missouri · 1890
- Trust & Fire Insurance v. JenkinsNew York Court of Chancery · 1841
- Newgass v. City of New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1888
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3Cited by5 opinions
- In re Broadway Savings Trust Co.Court of Appeals for the Eighth Circuit · 1907
- Blythe v. HinckleyU.S. Circuit Court for the District of Northern California · 1897
- Matek v. MatekMassachusetts Supreme Judicial Court · 1945
- North Chicago St. R. v. Chicago Union Traction Co.U.S. Circuit Court for the Northern District of Illnois · 1906
- Quinlan v. City of New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1897