Batesville Institute v. Kauffman
Supreme Court of the United States
Appeal from the Circuit Court for the Eastern District of Arkansas; the case being thus: ■ Womach and Welsh, builders, having a mechanics’ lieu against au edifice and the grounds on which it stood at Batesville, Arkansas, owned by a corporation of that State, known as the Batesville Institute, got judgment on the lien on the 15th of January, 1861. By the laws of Arkansas the liens of judgments continue'three years from the day that they are rendered.
Read the full summary
Appeal from the Circuit Court for the Eastern District of Arkansas; the case being thus: ■ Womach and Welsh, builders, having a mechanics’ lieu against au edifice and the grounds on which it stood at Batesville, Arkansas, owned by a corporation of that State, known as the Batesville Institute, got judgment on the lien on the 15th of January, 1861. By the laws of Arkansas the liens of judgments continue'three years from the day that they are rendered. Having thus got their judgment, and being indebted by promissory notes to a firm known as Ilirsch & Adler, they assigned their lien by deed to…
1Opinion of the CourtJustice Hunt
The demurrants object, first, that the complainants show no title which authorizes a suit by them. The point of this objection is that the transfer of the notes of Hirseh & Adler did not pass the title to the judgment on the mechanics’ lien obtained for the security of the notes. It is further in sisted, under this head, that Hirseh & Adler were necessary parties to the suit.
Neither of these objections is sound. Hirseh & Adler had parted with their interest in the notes and in the judgment, and by their assignment had vested the entire title thereto in their assignees. The sole right of…
2Cases cited1 opinion
- Danklessen v. BraynardNew York Court of Common Pleas · 1869
3Cited by34 opinions
- Ober v. GallagherSupreme Court of the United States · 1876
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931
- Schramm v. Bank of California, National Ass'nOregon Supreme Court · 1933
- Smith v. FordWisconsin Supreme Court · 1880
29 more not listed; retrieve them via the Exa API.