Green v. Turner
U.S. Circuit Court for the District of Eastern Wisconsin
On final hearing of a suit in equity to charge the defendants^ upon their alleged purchase-money indebtedness to the complainants’ grantees, with the liability of the latter to the complainants for the deficiency arising upon foreclosure of their vendor’s lien on the same property in Virginia, called the “Glade Mountain Iron Ore Property.”
Read the full summary
On final hearing of a suit in equity to charge the defendants^ upon their alleged purchase-money indebtedness to the complainants’ grantees, with the liability of the latter to the complainants for the deficiency arising upon foreclosure of their vendor’s lien on the same property in Virginia, called the “Glade Mountain Iron Ore Property.” The bill alleges substantially the following facts: The complainants owned the Glade Mountain Iron Ore property, and on August 23, 1890, entered into written contract to sell the same to Moore and Hibbert for the sum of $35,000, payable in installments; a…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). Upon each side an objection is raised which must be determined before inquiry is open upon the merits: (1) By the defendants, that equitable jurisdiction is barred, because there is an adequate remedy at law; and (2) by the complainants, that the defenses of false representations or mistake can be heard only upon a cross bill for affirmative relief.
1. The first objection is met by the doctrine, which is established for this court, whatever may be the conflict in other jurisdictions, that:
“The grantee is not directly liable to the mortgagee, at law or in…
2Cases cited8 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Keller v. AshfordSupreme Court of the United States · 1890
- Willard v. WoodSupreme Court of the United States · 1896
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Willard v. WoodSupreme Court of the United States · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Automobile Ins. Co. v. Barnes-Manley Wet Wash Laundry Co.Court of Appeals for the Tenth Circuit · 1948
- Green v. TurnerCourt of Appeals for the Seventh Circuit · 1898
- Crane & Ordway Co. v. Sykeston School District No. 11North Dakota Supreme Court · 1917
- Automobile Ins. Co. v. Barnes-Manley Wet Wash Laundry Co.Court of Appeals for the Tenth Circuit · 1948