Duncan v. Gegan
Supreme Court of the United States
/AUREAL from the Circuit Court of the United States for the District of Louisiana. Elam Bowman executed, Feb. 2,1855, a mortgage in favor of Stephen Duncan on Waver Tree plantation, consisting of three thousand four hundred acres of land in the parish of Tensas, La., his wife intervening in the act, and renouncing her rights of tacit mortgage in favor of Duncan.
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/AUREAL from the Circuit Court of the United States for the District of Louisiana. Elam Bowman executed, Feb. 2,1855, a mortgage in favor of Stephen Duncan on Waver Tree plantation, consisting of three thousand four hundred acres of land in the parish of Tensas, La., his wife intervening in the act, and renouncing her rights of tacit mortgage in favor of Duncan. It was inscribed in the recorder’s office of that parish Feb. 3, 1855, and reinscribed Sept. 13, 1865. Bowman executed, Jan. 10, 1861, another mortgage on one thousand nine hundred and twenty acres of that land in favor of Shaw, tutor…
1Opinion of the CourtChief Justice Waite
The transfer of the suit from the State court to the Circuit Court did not vacate what had been done in the State court previous to the removal. The Circuit Court, when a transfer is effected, takes fhe case in the condition it was when the State court was deprived of its jurisdiction. The Circuit Court has no more power over what was done before the removal than the State court would have had if the suit had remained there. It takes the case up where the State court left it off.
Before the suit of Gegan v. Bowman and Duncan was removed to the Circuit Court, the rank of the appellant’s mort-'…
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