Marx v. Ebner
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. The appellant has appealed from a judgment of the District Court of the United States for the District of Alaska dismissing his complaint. Both parties claim the property in dispute from a common source of title, which is the Takou Mining and Milling Company.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. The appellant has appealed from a judgment of the District Court of the United States for the District of Alaska dismissing his complaint. Both parties claim the property in dispute from a common source of title, which is the Takou Mining and Milling Company. The property consists of mining land in the Territory of Alaska, of which the defendants are in possession, and they claim title through a sale, under a decree of foreclosure of a mortgage of the property by the Takou Company, which mortgage was executed at a…
1Opinion of the CourtJustice Peokham
Counsel for the appellant admits that if the foreclosure proceedings operated to pass the title to the property mortgaged, this decree must be affirmed. He contends, however, that it appears on the face of the complaint that there was a want of jurisdiction in the court to render any judgment whatever in the foreclosure action, and that hence no title was conveyed to the defendants by virtue of the foreclosure decree and the sale thereunder. The record of the foreclosure action is set out in the complaint, and the ground upon which the allegation of a lack of jurisdiction is founded is the…
2Cases cited2 opinions
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
3Cited by9 opinions
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
- Cohen v. Portland Lodge No. 142Court of Appeals for the Ninth Circuit · 1907
- Butler v. McKeyCourt of Appeals for the Ninth Circuit · 1943
- Cohen v. Portland Lodge No. 142U.S. Circuit Court for the District of Oregon · 1906
- Bull v. CampbellCourt of Appeals for the Eighth Circuit · 1915
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