Seckel v. Backhaus
U.S. Circuit Court for the District of Eastern Wisconsin
In equity. The complainant filed a bill to foreclose a mortgage of which he was the assignee. The bill alleged that the mortgage was given to secure certain notes executed by the mortgagor, which notes and mortgage were sold and transferred by the payees and mortgagees named therein, and by written assignment and delivery came to the hands of the complainant. Defendant demurred on the ground that the court had not jurisdiction of the subject-matter of .the action.
1Opinion of the Court
DYER, District Judge.
By the demurrer to the bill in question is presented whether this court has jurisdiction of a suit in equity to foreclose a mortgage, prosecuted by a nonresident assignee, in a case where the assignor is a citizen of the state and district in which the mortgagor resides and the action is brought. This question must be answered as we determine the construction to be given to the first section of the act of congress of March 3, 1875, relating to the jurisdiction of circuit courts of the United States. 18 Stat. pt. 3, p. 470. That act (section 1), after providing that “the…
2Cases cited5 opinions
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Croft v. BunsterWisconsin Supreme Court · 1859
- Blunt v. WalkerWisconsin Supreme Court · 1860
- Thompson v. ShoemakerIllinois Supreme Court · 1873
- Martineau v. McCollumWisconsin Supreme Court · 1852
3Cited by1 opinion
- Whiting v. WellingtonU.S. Circuit Court for the District of Massachusetts · 1882