Morton v. Morris
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the District of North Dakota. This suit was brought by Edwin Morris, the appellee, against Charles A. Morton, the appellant, to foreclose two mortgages on lands situated in the state of North Dakota that were given to secure the payment of three principal notes, amounting in the aggregate to $32,000, and certain interest notes.
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Appeals from the Circuit Court of the United States for the District of North Dakota. This suit was brought by Edwin Morris, the appellee, against Charles A. Morton, the appellant, to foreclose two mortgages on lands situated in the state of North Dakota that were given to secure the payment of three principal notes, amounting in the aggregate to $32,000, and certain interest notes. The mortgages in question were executed by the appellant in favor of the ap-pellee on June 20, 1893. One of the mortgages was in the ordinary form; the other was in the form of an absolute conveyance. The latter…
1Opinion of the CourtThayer, Circuit Judge
The record shows that on the hearing before the master and in the circuit court no evidence was offered by the defendant, Charles A. Morton, tending to support any of the allegations of his answer, although a replication thereto was duly filed. The contention in behalf of the defendant seems to have been that, because .the complainant had demurred to the cross bill, and the same had been sustained, the demurrer operated as a conclusive admission of all the facts pleaded in the answer as well as in the cross bill, and that it was, therefore, unnecessary to offer any proof for the purpose of…
2Cases cited7 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Silliman v. United States. United States v. SillimanSupreme Court of the United States · 1880
- Snyder v. BradenIndiana Supreme Court · 1877
- Fuller v. RobertsSupreme Court of Florida · 1895
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3Cited by5 opinions
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- Ensign v. Home for the Jewish AgedMissouri Court of Appeals · 1955
- Tisdale v. BryantCalifornia Court of Appeal · 1918
- Harris Trust & Savings Bank v. KeigCourt of Appeals for the Seventh Circuit · 1938
- McKenzie-Hague Co. v. Carbide & Carbon Chemicals Corp.Court of Appeals for the Eighth Circuit · 1934