White v. Crawford
U.S. Circuit Court for the District of Minnesota
Robert P. Lewis, one of the defendants, on the seventh day of June, 1875, gave his note, and a mortgage to secure the same, on the S. W. of section 22, in township 30, range 22, excepting therefrom five acres in the S. E. corner thereof, to John W. White, the plaintiff, intending, however, to convey such property in township 29 instead of township 30. On the first day of July, 1870, the said Lewis gave a second note, and a mortgage to secure the same, on the same property as…
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Robert P. Lewis, one of the defendants, on the seventh day of June, 1875, gave his note, and a mortgage to secure the same, on the S. W. of section 22, in township 30, range 22, excepting therefrom five acres in the S. E. corner thereof, to John W. White, the plaintiff, intending, however, to convey such property in township 29 instead of township 30. On the first day of July, 1870, the said Lewis gave a second note, and a mortgage to secure the same, on the same property as described in the first mortgage, as also upon a certain other piece of property; but, in this second mortgage, making…
1Opinion of the Court
Nelson, D. J.
I have examined this case, and find nothing new presented which can reverse the decision already made and set aside the order for a decree. The defendant Crawford proved his debt as an unsecured claim, and made affidavit to that effect in the form prescribed by law. Subsequently he issued execution on the judgment, pending the bankruptcy proceedings, and attempted to collect this claim, which was in judgment and a lien upon real estate at the time, as he now insists, when he made and filed his proof. If he was a creditor having a lien, by proving his debt secured thereby to the…
2Cases cited2 opinions
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- L. J. Arthur Co. v. Hall (In Re Hall)United States Bankruptcy Court, E.D. Pennsylvania · 1981
3Cited by4 opinions
- Morrison v. RiemanCourt of Appeals for the Seventh Circuit · 1917
- In Re O'Gara Coal Co.Court of Appeals for the Seventh Circuit · 1926
- Flint v. ChaloupkaNebraska Supreme Court · 1907
- Interstate Grocer Co. v. National Bank of Commerce in St. LouisSupreme Court of Arkansas · 1927