Grape Creek Coal Co. v. Farmers' Loan & Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from tlie Circuit Court of the United States for the Southern District of Illinois. The bill in this ease was filed by the Grape Creek Coal Company for the purpose of setting aside the sale made under the decree of foreclosure which was reversed by this court in Grape Creek Coal Co. v. Farmers’ Loan & Trust Co., 24 U. S. App. 38,12 C. C. A. 350, and 63 Fed. 891. In that ease, this appellant, being the mortgagor, was the principal respondent.
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Appeal from tlie Circuit Court of the United States for the Southern District of Illinois. The bill in this ease was filed by the Grape Creek Coal Company for the purpose of setting aside the sale made under the decree of foreclosure which was reversed by this court in Grape Creek Coal Co. v. Farmers’ Loan & Trust Co., 24 U. S. App. 38,12 C. C. A. 350, and 63 Fed. 891. In that ease, this appellant, being the mortgagor, was the principal respondent. The appellees here, who were respondents below, besides the Farmers’ Loan & Trust Compiany, the trustee in the mortgage, are Joseph J. Asche, P.…
1Opinion of the CourtWoods, Circuit Judge
The contention of the appellant is that the purchasers at the foreclosure sale, having purchased for themselves and other holders of bonds secured by the trust deed upon which the decree of foreclosure was predicated, were not innocent purchasers, but were in privity with the Farmers’ Loan & Trust Company, the trustee in the deed, upon whose complaint the decree was rendered; and, consequently, that the reversal of the decree ipso facto annulled the sale and the order of court by which it had been confirmed. Robinson v. Manufacturing Co., 67 Fed. 189; Kingsbury v. Stoltz, 23 Ill. App. 413;…
2Cases cited5 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Ballard v. SearlsSupreme Court of the United States · 1889
- Stuart v. GaySupreme Court of the United States · 1888
- Robinson v. Alabama & G. Manuf'g Co.U.S. Circuit Court for the Northern District of Georgia · 1894
3Cited by2 opinions
- In Re Pure Penn Petroleum Co., Inc. In Re SheehanCourt of Appeals for the Second Circuit · 1951
- In Re Pure Penn Petroleum Co., Inc. In Re SheehanCourt of Appeals for the Second Circuit · 1951