Beals v. Hale
Supreme Court of the United States
This case came up on a certificate of division in opinion between the judges of the Circuit Court of the United States for the District of Michigan. It was an ejectment, brought by the plaintiff, Thomas Beals, a citizen of New York, against Felicite Hale, the defendant, a citizen of the State of Michigan. Nathaniel.
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This case came up on a certificate of division in opinion between the judges of the Circuit Court of the United States for the District of Michigan. It was an ejectment, brought by the plaintiff, Thomas Beals, a citizen of New York, against Felicite Hale, the defendant, a citizen of the State of Michigan. Nathaniel. Weed, Harvey Weed, and Henry W. Barnes were, on application, permitted to defend their title to the premises, claiming that the said Felicite Hale was their tenant, and in possession under them. The facts in the case are set forth in the special verdict of the jury, which was as…
1Opinion of the CourtJustice Woodbury
The sole question presented in this case is, whether a mortgage executed by the tenant and her husbánd to James Lyon, on the 13th of November, 1828, shall prevail over another mortgage. executed by them to Nathaniel and Harvey Weed and Henry W Barnes, on the 6th day of June, 1837. Being earlier in time; by nine year?, the first mortgage ought of course to have precedence, and will entitle the demandant to recover, unless it was improperly recorded.
The facts, important to be now noticed in connection with that question, are, that, at the time of the execution of the first mortgage, there were…
2Cases cited9 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Gardner v. CollinsSupreme Court of the United States · 1829
- Thatcher v. PowellSupreme Court of the United States · 1821
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
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3Cited by27 opinions
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
- Morf v. BingamanSupreme Court of the United States · 1936
- Robinson v. RippeyIndiana Supreme Court · 1887
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
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