Lowenstein v. Glidewell
U.S. Circuit Court for the District of Eastern Arkansas
The plaintiffs filed their bill to foreclose a deed of trust on real estate. R. D. Partee and wife, among others, were made defendants, upon the allegation that they had some interest in the said mortgaged premises, or some part thereof, as purchasers, judgment creditors, or otherwise, which interests, if any, have accrued subsequent and are junior to complainants’ lien, and subject thereto.
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The plaintiffs filed their bill to foreclose a deed of trust on real estate. R. D. Partee and wife, among others, were made defendants, upon the allegation that they had some interest in the said mortgaged premises, or some part thereof, as purchasers, judgment creditors, or otherwise, which interests, if any, have accrued subsequent and are junior to complainants’ lien, and subject thereto. Partee and wife answered, alleging they were the owners in fee of the property by purchase from one Christman, from whom Parish, the grantor in the deed of trust, derived his title; that the sale of the…
1Opinion of the Court
CALDWELL, District Judge.
The plaintiffs in the original bill have the right, as a matter of course, at any time before decree, to dismiss their bill at their own costs. 1 Barb. Ch. Prac. 225, 228; 1 Daniell, Ch. Prac. 792. The cause is not at issue on the original bill — no replication to the answer having been filed — and the defendants in that bill, under rule 66, might have obtained an order, as of course, for a dismissal of the suit for this reason.
The motion of plaintiffs to dismiss their bill is granted, and the same will be dismissed at their costs. The motion of plaintiffs in the…
2Cases cited1 opinion
- Worrell v. Wade's HeirsSupreme Court of Iowa · 1864
3Cited by16 opinions
- Harris v. SchlinkeTexas Supreme Court · 1901
- Wright v. JonesTexas Commission of Appeals · 1932
- Higgins v. California Prune & Apricot Growers, Inc.Court of Appeals for the Second Circuit · 1922
- Andreasen v. Two Hundred & Ninety-Five Thousand Feet of LumberDistrict Court, D. Massachusetts · 1894
- Long v. AndersonSupreme Court of Florida · 1904
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