United States Trust Co. v. New Mexico
Supreme Court of the United States
CROSS APPEALS FROM THE SUPKEME COURT OF THE TERRITORY OF NEW MEXICO. ON July 16, 1895, the United States Trust Company of New York filed its bill in the office of the clerk of the district court of the second judicial district of the Territory of New Mexico, praying foreclosure of a mortgage given by the Atlantic and Pacific Railroad Company. On January 10, 1896, Charles W. Smith was appointed receiver. On April 10, 1896, a decree of foreclosure was entered.
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CROSS APPEALS FROM THE SUPKEME COURT OF THE TERRITORY OF NEW MEXICO. ON July 16, 1895, the United States Trust Company of New York filed its bill in the office of the clerk of the district court of the second judicial district of the Territory of New Mexico, praying foreclosure of a mortgage given by the Atlantic and Pacific Railroad Company. On January 10, 1896, Charles W. Smith was appointed receiver. On April 10, 1896, a decree of foreclosure was entered. The decree provided that the purchaser or purchasers, and his or their successors or assigns, should, as part consideration and purchase…
1Opinion of the CourtJustice Brewer
The district court dismissed the intervening petition on the ground that it presented no claim against the property or the parties. The reversal by this court of such order is an adjudi cation that upon the face of the petition a valid claim was presented, and is conclusive of such prima facie validity, not merely against objections which were in fact made but also against those which might have been made. Cromwell v. Sac County, 94 U. S. 351, 352; Nesbit v. Riverside Independent District, 144 U. S. 610, 618. We start in this inquiry then with the adjudicated fact that upon the face of the…
2Cases cited7 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Stringfellow v. CainSupreme Court of the United States · 1879
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- White v. United StatesCourt of Appeals for the Tenth Circuit · 1931
- Morrison-Kudson Co. v. State Board of EqualizationWyoming Supreme Court · 1943
- General Petroleum Corp. of Cal. v. SmithArizona Supreme Court · 1945
- People v. Texas Co.Supreme Court of Colorado · 1929
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