Legal Opinion

Swain v. Seamans

Supreme Court of the United States

Decided January 24, 1870PublishedCited by 112 opinions

Appeal from the Circuit Court for Wisconsin, in which court Seamens and others filed a bill against Swain, praying that a mortgage executed to him, Swain, by Medbery and wife, on certain lots, of which he, Seamens, and the others were now owners, in Wisconsin, might be cancelled.

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Appeal from the Circuit Court for Wisconsin, in which court Seamens and others filed a bill against Swain, praying that a mortgage executed to him, Swain, by Medbery and wife, on certain lots, of which he, Seamens, and the others were now owners, in Wisconsin, might be cancelled. It appeared that in 1855, Swain sold to Medbery and oue Aldrich real estate in Michigan for $52,400, of which $10,000 was paid in cash, and the balance, $42,400, secured by a mortgage on the lands, payable in instalments at dif-. ferent times'; and that on this Michigan land, foundations had been made in the previous…

1Opinion of the CourtJustice Clifford

Subsequent to the removal of the case from the State court to the Circuit Court a new bill of complaint was filed by the consent of the respondent, so that it is not necessary to refer to the proceedings in the suit before the petition for the removal was granted.

Swain, the appellant and respondent, owned certain real estate situated in the State of Michigan, and on the fourteenth of April, 1855, he sold the same to John W. Medbery and James F. Aldrich for the consideration of fifty-two thousand dollars, as appears by the pleadings.

Pursuant to the terms of the sale the purchasers paid ten…

2Cases cited2 opinions

  1. The Brig Amy WarwickSupreme Court of the United States · 1862
  2. Blood v. GoodrichNew York Supreme Court · 1832

3Cited by112 opinions

  1. R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
  2. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  3. Jones v. United StatesSupreme Court of the United States · 1878
  4. Erickson v. WiperNorth Dakota Supreme Court · 1916
  5. Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901

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