Legal Opinion

Thaxter v. Hatch

U.S. Circuit Court for the District of Illinois

Decided October 15, 1853PublishedCited by 3 opinions

[This was a bill in equity to foreclose a mortgage by Adam W. Tbaxter against Reuben Hatch and others. [A bill had previously been filed by Hatch against Preston, praying for an injunction, etc. A motion to dismiss the cause for want of jurisdiction, and to repiand it to the court from whence it came, was overruled. Case No. 6,208.]

1Opinion of the Court

DRUMMOND, District Judge.

This is a bill to foreclose a mortgage given by Reuben Hatch and James Wilson on some land in Pike county, to John Preston. The mortgage was executed to secure some promissory notes, part of the purchase money of the land. They were made payable to Preston, who assigned them to the plaintiff. At the time of the assignment, both Preston and the plaintiff were citizens of Massachusetts. When the suit was brought, Preston had ceased to reside in Massachusetts, and had become a citizen of Illinois. The mortgage itself had never in form been assigned by Preston to the…

2Cited by3 opinions

  1. De Sobry v. NicholsonSupreme Court of the United States · 1866
  2. Emsheimer v. New OrleansSupreme Court of the United States · 1902
  3. Jones v. ShaperaCourt of Appeals for the Fifth Circuit · 1893

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API