Barnes v. Cady
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Bill by Edward H. Cady, trustee for the Ohio Savings Bank & Trust Company, against John E. Barnes and others. From a decree (208 Fed. 361) for complainant, defendants appeal. This is an appeal from a decree ordering a foreclosure of a mortgage on certain land and the sale of such land to satisfy such mortgage.
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Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Bill by Edward H. Cady, trustee for the Ohio Savings Bank & Trust Company, against John E. Barnes and others. From a decree (208 Fed. 361) for complainant, defendants appeal. This is an appeal from a decree ordering a foreclosure of a mortgage on certain land and the sale of such land to satisfy such mortgage. The material facts and questions involved are stated in the opinion of the District Court as follows: “About April 1, 1908, the Barnes Grain &…
1Opinion of the CourtTuttle, District Judge
(after stating the facts as above). We have carefully examined the record and are satisfied that it supports the statement of facts just quoted. It should, however, be added that defendant John Barnes testified that he'“understood that lien had been wiped out” and that he “didn’t want to take it under any condition unless everything was absolutely clear,” and that there was no evidence to the, contrary. The court below decided both of the questions referred to in favor of the plaintiff, holding that the decree foreclosing the first mortgage was not decisive of any right of the holder of the…
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- Arnold v. . GreenNew York Court of Appeals · 1889
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