United States Mortgage Co. v. McClure
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. • This is a suit by the United States Mortgage and Trust Company to foreclose a mortgage.
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From Multnomah: Arthur L. Frazer, Judge. • This is a suit by the United States Mortgage and Trust Company to foreclose a mortgage. The complaint sets up the incorporation and organization of the plaintiff under and by virtue of the laws of the State of New York; the incorporation of the defendant the Portland Savings Bank; the appointment of Richard Nixon as receiver thereof, and his continuance to the present time in that capacity; the incorporation of the defendant Topaz Land Company; the execution by the Portland Savings Bank of its certain promissory note for the sum of $150,000, and…
1Opinion of the Court
Mr. Justice Wolverton,
after stating the facts,' delivered the opinion of the court.
The first assignment of error relied upon, and the one most strongly contested, is the refusal of the trial court to direct a removal of the cause to the circuit court of the United States. Two grounds for the removal are relied upon: (1) That the controversy is in reality between the plaintiff, a citizen of New York, and the McClures, citizens of the State of Washington, the other defendants being merely nominal parties; (2) that the controversy is separable, so that the McClures alone, without joining their…
2Cases cited12 opinions
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Ayres v. WiswallSupreme Court of the United States · 1884
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
- Insurance Company v. PechnerSupreme Court of the United States · 1877
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
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3Cited by1 opinion
- Elliott v. KuzekDistrict Court, D. Alaska · 1905