Shelton v. Van Kleeck
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Yan Kleeck filed his bill, Nov. 18, 1877, against Shelton and others, praying for the foreclosure of a deed of trust in the nature of a. mortgage upon certain lands in Illinois, executed by Shelton and wife, Sept. 21, 1872, to secure the payment to Yan Kleeck of the sum of $9,000. Shelton and wife answered.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. Yan Kleeck filed his bill, Nov. 18, 1877, against Shelton and others, praying for the foreclosure of a deed of trust in the nature of a. mortgage upon certain lands in Illinois, executed by Shelton and wife, Sept. 21, 1872, to secure the payment to Yan Kleeck of the sum of $9,000. Shelton and wife answered. Elizabeth Blue filed a separate answer, setting up, among other defences, usury, partial payment of the mortgage debt, and insisting that, other land should be subjected to the payment of a part of…
1Opinion of the Court
Mu. Chief Justice Waite
delivered the opinion of the court.
The only questions open for examination on a bill of review for error of law. appearing on the face of the record are such as arise on the pleadings, proceedings, and decree, without reference to the evidence in the cause. This has been many times decided in this court. Whiting v. Bank of the United States, 13 Pet. 6; Putnam v. Day, 22 Wall. 60; Buffington v. Harvey, 95 U. S. 99; Thompson v. Maxwell, id. 391.
A demurrer admits only such facts as are properly pleaded. As questions of fact are not open for re-examination on a bill…
2Cases cited3 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Buffington v. HarveySupreme Court of the United States · 1877
- Putnam v. DaySupreme Court of the United States · 1875
3Cited by24 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
- Hodgson v. ApplegateSupreme Court of New Jersey · 1959
- Lewis v. National Shawmut BankMassachusetts Supreme Judicial Court · 1939
- Fraser v. DoingCourt of Appeals for the D.C. Circuit · 1942
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