Burns v. Cooper
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the District of Nebraska. This controversy involves the consideration and determination of an appeal and cross-appeal, based upon the same record and arising from the following state of facts: Prior to the 5th day of July, 1877, one Daniel Foley was the owner of 150 acres of land in Platte county, Neb., occupied by himself, his wife, Mary Foley, and their minor children, Jeremiah and Mary E. Foley, as a homestead.
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Appeals from the Circuit Court of the United States for the District of Nebraska. This controversy involves the consideration and determination of an appeal and cross-appeal, based upon the same record and arising from the following state of facts: Prior to the 5th day of July, 1877, one Daniel Foley was the owner of 150 acres of land in Platte county, Neb., occupied by himself, his wife, Mary Foley, and their minor children, Jeremiah and Mary E. Foley, as a homestead. On that day Daniel Foley died intestate, the property descending under the laws of the state of Nebraska to the children,…
1Opinion of the CourtPollock, District Judge
The lien for taxes paid did not rest for its support on the validity of the mortgage held by complainant. Neither was it necessarily coextensive with the lien of the mortgage, if valid; but it was an underlying lien resting upon the entire estate, and in this respect the decree is now conceded to be erroneous. Again, it is conceded by all the lien of the mortgage binds the life estate of Mary Burns. The first contested proposition naturally arising for decision in this case is the effect to be given, under the circumstances of this case, to the sale made by the guardian of the estate of his…
2Cases cited42 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Michoud v. GirodSupreme Court of the United States · 1846
- Jackson v. LudelingSupreme Court of the United States · 1874
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Marsh v. WhitmoreSupreme Court of the United States · 1874
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3Cited by8 opinions
- United States v. DunnSupreme Court of the United States · 1925
- Allison v. CrummeySupreme Court of Oklahoma · 1916
- Burton v. ComptonSupreme Court of Oklahoma · 1915
- Charles v. Roxana Petroleum Corp.Court of Appeals for the Eighth Circuit · 1922
- Burns v. CooperCourt of Appeals for the Eighth Circuit · 1907
3 more not listed; retrieve them via the Exa API.