Chapin v. Walker
United States Circuit Court
In Equity. This is a bill in equity to foreclose a mortgage executed by respondent Dempsey R. Walker to John 0. Burrage, conveying certain real estate to secure the payment of a promissory note.
Read the full summary
In Equity. This is a bill in equity to foreclose a mortgage executed by respondent Dempsey R. Walker to John 0. Burrage, conveying certain real estate to secure the payment of a promissory note. The bill alleges default in the payment of said note; that complainant is the holder and owner of the same, and entitled to foreclosure; and that the other respondents, including A. A. Brockway, have, or pretend to have, some claim to or interest in or lien upon said mortgaged premises; but that said claim, interest, or lien is subsequent and subordinate to the lien of complainant. The answer of…
1Opinion of the CourtMcCbaby, C. J.
There are several objections to granting the relief sought by the respondent.
1. In the first place, if he were entitled in this case to that relief, it would be necessary for him to seek it by a cross-bill. It is well settled that any affirmative relief sought by a defendant in an equity suit must be by cross-bill, and can never *796be granted upon the facts stated in the answer. Story’s Equity Pleading, (Redfield’s Ed.) § 398a; McConnell v. Smith, 23 Ill. 611; Armstrong v. Pierson, 5 Iowa 317.
2. It is also well settled, that, according to the practice which prevails in the federal courts in a…
2Cases cited7 opinions
- Dial v. ReynoldsSupreme Court of the United States · 1878
- Armstrong v. PiersonSupreme Court of Iowa · 1857
- Palmer's administrators v. MeadSupreme Court of Connecticut · 1828
- Bull v. MeloneySupreme Court of Connecticut · 1858
- McConnel v. SmithIllinois Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.