Fidelity Trust Co. v. Gill Car Co.
United States Circuit Court
In Equity. Bill to foreclose a mortgage. The facts are stated in the opinion of the court.
1Opinion of the CourtHammond, J.
This bill was filed originally in the court of common pleas of Franklin county to foreclose a mortgage. That court is the one of general jurisdiction in that county for such purposes under the laws of the state of Ohio. A demurrer was filed denying its jurisdiction, because it appeared by the bill that subsequently to the mortgage the mortgagor had made a general assignment of all his property for the benefit of his creditors; that the assignee had duly filed the assignment, given bond, and qualified as required by law in the probate court of the proper county. Pending that demurrer the cause…
2Cases cited19 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Eyster v. GaffSupreme Court of the United States · 1876
- Gaines v. FuentesSupreme Court of the United States · 1876
- Comegys v. VasseSupreme Court of the United States · 1828
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3Cited by12 opinions
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- Rodas v. SeidlinCourt of Appeals for the Seventh Circuit · 2011
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Johnson v. Wells, Fargo & Co.U.S. Circuit Court for the District of Northern California · 1899
- Herb v. PitcairnIllinois Supreme Court · 1943
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