Phelan v. O'Brien
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Appeal from the United States district court, sitting as a court in bankruptcy. For statement of facts and report of the opinion of the district court see 12 Fed. Rep. 428.
1Opinion of the CourtMcCrary, C. J.
The respondent, Elizabeth O’Brien, brought a suit in equity in one of the state courts of this state to.set aside a sale of certain lands to the complainant as assignee in bankruptcy of the Central Savings Bank, which sale was made under a deed of trust given by her to secure certain debts, including one due to the bankrupt. The complainant filed his original bill herein to enjoin the proceedings in the state court, and a preliminary injunction was issued. Thereupon- respondent filed her cross-bill herein, renewing substantially her suit as originally brought in the state court.
One defense to…
2Cases cited8 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Banks v. OgdenSupreme Court of the United States · 1865
- Kellogg v. CarricoSupreme Court of Missouri · 1870
- Gifford v. HelmsSupreme Court of the United States · 1878
- Carter v. AbshireSupreme Court of Missouri · 1871
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3Cited by2 opinions
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- Bowen v. Delaware, L. & W. RailroadNew York Supreme Court · 1894