McLean v. Clark
U.S. Circuit Court for the District of Eastern Michigan
In Equity. This was a bill in equity by the assignee of a purchaser at an execution sale to procure the annulment of a deed made by John Clark, defendant in the execution, to the defendant Townsend, prior to the sheriff’s sale.
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In Equity. This was a bill in equity by the assignee of a purchaser at an execution sale to procure the annulment of a deed made by John Clark, defendant in the execution, to the defendant Townsend, prior to the sheriff’s sale. The facts of the' case are substantially as follows: On June 9, 1882, one David R. Shaw recovered a judgment in the Wayne circuit court against John Clark, John T. Clark, and Uriel Clark, for $4,653.33, upon a promissory note made October 29, 1879, and payable 90 days after date. At the time this note was made, and until after it had matured, John Clark was the owner…
1Opinion of the CourtBrown, J.
A preliminary objection is taken to the jurisdiction of this court, which we think is fatal. By section 5 of act of March 3, 1875:
“If, in any suit commenced in a circuit court, * * * it shall appear * * * that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or eollusively made or joined, either as plaintiffs or defendants, for the purpose of creating a ease cognizable or removable under this act, the said circuit court shall proceed no further therein, but…
2Cases cited5 opinions
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- United States v. WilsonSupreme Court of the United States · 1886
- Cranson v. SmithMichigan Supreme Court · 1881
- Hayden v. ManningSupreme Court of the United States · 1883
- Tarsney v. TurnerU.S. Circuit Court for the District of Eastern Michigan · 1880
3Cited by4 opinions
- Union Transp. Co. v. KentCourt of Appeals for the Ninth Circuit · 1904
- Campbell v. BerrymanDistrict Court, N.D. Georgia · 1919
- Dumas v. ClaytonCourt of Appeals for the D.C. Circuit · 1909
- Glick v. First Nat. Bank of Columbus, Ind.Court of Appeals for the Seventh Circuit · 1931