Legal Opinion

Stevens v. Ferry

U.S. Circuit Court for the District of Washington

Decided October 26, 1891PublishedCited by 9 opinions

In Equity. This is a suit to settle a controversy as to the title to certain lands situated near Anacortes, in this state, arising out of the following facts: in the year 1878, the complainant, being then the owner of the lands, as .security for a loan of §2,000, gave a promissory note and a mortgage covering said lands, which were then within the county of Whatcom, and are now in the comity of Skagit. Said mortgage also included real estate situated in Thurston county.

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In Equity. This is a suit to settle a controversy as to the title to certain lands situated near Anacortes, in this state, arising out of the following facts: in the year 1878, the complainant, being then the owner of the lands, as .security for a loan of §2,000, gave a promissory note and a mortgage covering said lands, which were then within the county of Whatcom, and are now in the comity of Skagit. Said mortgage also included real estate situated in Thurston county. As the courts of the territory were organized at the times herein referred to, Thurston county ivas in the second judicial…

1Opinion of the Court

HaNforb, J.,

(after stating the facts as above.) The courts of Washington Territory were created by Act Cong. March 2, 1853, entitled “An act to establish the territorial government of Washington.” 10 U. S. St. p. 172. Section 9 of the act contains the following among other provisions:

“The judicial power of said territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace. * * * The said territory shall be divided into three judicial districts, and a district coux-t shall be held in each of said districts, by one of the justices of the supreme court,…

2Cases cited5 opinions

  1. Ableman v. BoothSupreme Court of the United States · 1859
  2. Orcutt v. HansonSupreme Court of Iowa · 1887
  3. Lomax v. Smyth & Co.Supreme Court of Iowa · 1878
  4. Holmes v. TaylorIndiana Supreme Court · 1874
  5. Chadbourne v. GilmanSupreme Court of Iowa · 1870

3Cited by9 opinions

  1. Bank of Commerce v. WilliamsWyoming Supreme Court · 1937
  2. State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
  3. Benn v. TrobertSupreme Court of Oklahoma · 1919
  4. Deck v. WhitmanU.S. Circuit Court for the District of Eastern Tennessee · 1899
  5. Columbia Valley R. v. Portland & S. Ry. Co.Court of Appeals for the Ninth Circuit · 1908

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