Walker v. Dreville
Supreme Court of the United States
Error to tlie Circuit Court for the District of Louisiana. Madame Dreviile filed her petition in the court below against one Walker, in which she alleged that he, Walker, was indebted to her in the sum of $5492, and she showed how this debt originated; how the note on which it .was founded came into her possession; how much of it has been paid, and how much remained due. ' She further set forth that a mortgage was given by him ou certain real estate, which she described, to…
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Error to tlie Circuit Court for the District of Louisiana. Madame Dreviile filed her petition in the court below against one Walker, in which she alleged that he, Walker, was indebted to her in the sum of $5492, and she showed how this debt originated; how the note on which it .was founded came into her possession; how much of it has been paid, and how much remained due. ' She further set forth that a mortgage was given by him ou certain real estate, which she described, to secure the payment of the note, and she.filed as-exhibits, with her petition, copies of the note and the credits…
1Opinion of the CourtJustice Miller
Tire pleading, the orders, and the decree of the court, show, we think, so as to need no further argument to a mind familiar with the principles of equity jurisprudence, that the procedure is in its essential nature a foreclosure of a mortgage in chancery. It has all the essential qualities of such a suit, and it has none which is not usual and appropriate in such a proceeding. It is true that there is a personal judgment against defendant, but the niuety-second rule of equity practice prescribed by this court clearly authorizes such a judgment in foreclosure cases. It is the precise mode of…
2Cases cited1 opinion
- The San PedroSupreme Court of the United States · 1817
3Cited by20 opinions
- Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Hayward v. AndrewsSupreme Court of the United States · 1883
- Stevens v. ClarkCourt of Appeals for the Seventh Circuit · 1894
- Highland Boy Gold Min. Co. v. StrickleyCourt of Appeals for the Eighth Circuit · 1902
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