Stuart v. Gay
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. The decrees which are the subject of the present appeal were rendered in a suit brought to enforce certain deeds of trust and mortgage liens upon a tract of land in Greenbrier •County, West Yirginia, known as the White Sulphur Springs, in which it became necessary to sell the property for the payment of debts, and to marshall the liens on the same in the order of their priority.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. The decrees which are the subject of the present appeal were rendered in a suit brought to enforce certain deeds of trust and mortgage liens upon a tract of land in Greenbrier •County, West Yirginia, known as the White Sulphur Springs, in which it became necessary to sell the property for the payment of debts, and to marshall the liens on the same in the order of their priority. The bill was filed in March, 1868, by Charles S. Gay and his wife and others, creditors and lien holders, suing as well for…
1Opinion of the Court
Me. Justice Matthews,
after stating the case as above reported, delivered the opinion of the court..The appellant cannot justly complain of the decree for a resale on the ground that it was rendered upon a rule to show cause. It does not appear that he was or could have been prejudiced by the summary nature of the procedure. He had full opportunity to answer, and was heard upon all the matters of defence, both in his answer to the rule and his petition for a rehearing of the decree of January 5,. 1884. All the equities to which the appellant conceived himself entitled were fairly and fully…
2Cases cited1 opinion
- Koontz v. Northern BankSupreme Court of the United States · 1873
3Cited by14 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
- Carlisle v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901
- Investors & Lenders, Ltd. v. FinneganNew Jersey Superior Court Appellate Division · 1991
- State of Tennessee v. QuintardCourt of Appeals for the Sixth Circuit · 1897
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