Ferguson v. Babcock Lumber & Land Co.
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Western District of North Carolina, at Asheville; James E. Boyd, Judge. Bill to quiet title by the Babcock Dumber & Band Company against J. W. Ferguson and J. C. Blanchard. From a decree for complainant (243 Fed. 623), defendants appeal.
1DissentPritchard, Circuit Judge
I cannot concur in the opinion.of the majority of the court, wherein it is held (1) that the decree entered in the Circuit Court of the United States for the ’Eastern District of Tennessee affecting the title to lands wholly within the Western District of North Carolina, is not subject to collateral attack upon the ground that the District Court of Tennessee was without jurisdiction; and (2) that the complainant is entitled to recover on the merits of the case.
It is admitted by appellee, complainant below, that-by virtue of a decision of the Supreme Court of the United States locating -the…
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