Burke v. Mountain Timber Co.
District Court, W.D. Washington
In Equity. Suit by George B. Burke and E. W. Eerris, as administrator of the estate of David E- Kelly, deceased, against the Mountain Timber Company.
1Opinion of the Court
CUSHMAN, District Judge.
This is a suit to’ foreclose a purchase-money mortgage brought by the administrator of the mortgagee, David D. Kelly. A number of claims in recoupment are interposed in the answer, presently to be considered.
[1] David E. Kelly died in Oregon, and an administrator of his estate was appointed in that state. The defendant is a Nebraska corporation. This suit was originally brought by Burke, an assignee of the administrator appointed by the Oregon court. The complaint alleged the citizenship of the defendant and that the assignee was a citizen of the state of Washington,…
2Cases cited19 opinions
- Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Greeley v. LoweSupreme Court of the United States · 1894
- Dick v. ForakerSupreme Court of the United States · 1894
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3Cited by3 opinions
- Nicolai-Neppach Co. v. AbramsOregon Supreme Court · 1925
- Mountain Timber Co. v. BurkeCourt of Appeals for the Ninth Circuit · 1916
- Schwab v. CameronDistrict Court, E.D. Illinois · 1942