Legal Opinion

Shipp v. Williams

Court of Appeals for the Sixth Circuit

Decided May 8, 1894No. 166PublishedCited by 16 opinions

‘Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. Bill by Louisa L. 'Williams and others against J. F. Shipp and others to foreclose a trust deed. Complainants obtained a decree. Defendants appeal. The original bill was filed in the TJnitod States circuit court for the southern division of the eastern district of Tennessee. The complainants are citizens and residents of the state of New York.

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‘Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. Bill by Louisa L. 'Williams and others against J. F. Shipp and others to foreclose a trust deed. Complainants obtained a decree. Defendants appeal. The original bill was filed in the TJnitod States circuit court for the southern division of the eastern district of Tennessee. The complainants are citizens and residents of the state of New York. The defendants are all citizens and residents of the state of Tennessee. The complainants are creditors of the defendants Shipp and wife and Temple and wife by…

1Opinion of the Court

l.CUTOX, Circuit Judge

(after stating the facts as aboye). We are clearly of opinion (hat the circuit court had no jurisdiction, and that appellants’ demurrer should have been sustained. It is clear that if Woodworth stud Wheeler had filed this bill, as they well might, in their character as trustees, the federal court; would have had no jurisdiction, Inasmuch as the complainants and defendants would have been citizens of the same state. The result would have been the same if Williams and wife, creditors and beneficiaries under Hie deeds of trust, had been joined with, them as complainants, or…

2Cases cited10 opinions

  1. Pacific Railroad v. KetchumSupreme Court of the United States · 1880
  2. Coal Co. v. BlatchfordSupreme Court of the United States · 1871
  3. Walden v. SkinnerSupreme Court of the United States · 1880
  4. Browne v. StrodeSupreme Court of the United States · 1809
  5. Thayer v. Life Assn. of AmericaSupreme Court of the United States · 1885

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Tug River, Coal & Salt Co. v. BrigelCourt of Appeals for the Sixth Circuit · 1895
  2. Tennessee Pub. Co. v. CarpenterCourt of Appeals for the Sixth Circuit · 1938
  3. Consolidated Water Co. v. BabcockU.S. Circuit Court for the District of Southern California · 1896
  4. In re E. T. Kenney Co.District Court, D. Indiana · 1905
  5. Allen-West Commission Co. v. BrashearU.S. Circuit Court for the District of Eastern Arkansas · 1910

11 more not listed; retrieve them via the Exa API.

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