Merrill v. Jordan
Supreme Court of New Hampshire
Writ of Entry, for land in Columbia, on a mortgage from the defendants, Jordan and wife, to one Parkhurst, and by him assigned to the plaintiffs.
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Writ of Entry, for land in Columbia, on a mortgage from the defendants, Jordan and wife, to one Parkhurst, and by him assigned to the plaintiffs. Plea in abatement by the other defendant, Covill, as assignee in bankruptcy of Jordan, alleging that as such assignee he is an officer of the U. S. Court for the District of New Hampshire; that that court has, and this court has not, jurisdiction of the cause or of the defendants; and that he is made a party to the action solely because he is assignee. The plaintiffs demurred.
1Opinion of the CourtBlodgett, J.
The plaintiffs’ mortgage is apparently a valid lien upon the land embraced in it, both under our laws and the provisions of the bankrupt act, and therefore, in our view, the bankruptcy court cannot interfere with or control the exercise of jurisdiction of an action of foreclosure by this court. Peck v. Jenness, 16 N. H. 516 —8. C., 7 How. 612. But however this may be, it must be. held in cases like the present, where no action in relation to the property has been taken by the assignee or by the creditors in the bankruptcy court, or by the court itself, that state courts have jurisdiction to…
2Cases cited10 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Eyster v. GaffSupreme Court of the United States · 1876
- Goodrich v. WilsonMassachusetts Supreme Judicial Court · 1876
- Reed v. BullingtonMississippi Supreme Court · 1873
- Schrader v. HooverSupreme Court of Iowa · 1893
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