Dowell v. Mitchell
Supreme Court of the United States
Appeals, from the Circuit Court of the United States for the Eastern District of Arkansas. These are cross-appeals' from the same decree. The orig-' inal bill was filed Aug. 22, 1877, by John H, Dowell and H. M. Mandeville, late partners under the name of J. -H. Dowell & Co., against Askew, as -administrator of the" estate of Claiborne S. Barron, ■ deceased, Margaret Barron, his widow, his three children, and- William H. Brazell.
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Appeals, from the Circuit Court of the United States for the Eastern District of Arkansas. These are cross-appeals' from the same decree. The orig-' inal bill was filed Aug. 22, 1877, by John H, Dowell and H. M. Mandeville, late partners under the name of J. -H. Dowell & Co., against Askew, as -administrator of the" estate of Claiborne S. Barron, ■ deceased, Margaret Barron, his widow, his three children, and- William H. Brazell. Askew resigned pending the suit, and C. E. Mitchell, the administrator de bonis non, was made a party defendant in his stead. It appeal's from the evidence that the…
1Opinion of the Court
Me. Justice Woods,
after stating the case, delivered the opinion of .the court.
Without going into a discussion of the evidence on the subject, wft declare pur opinion to be that the Circuit Court was right'in holding that the title to the property described in the mortgage executed by Brazell in the name of the late firm of Barron & Brazell-had never been either in the late firm or in Brazell, but was in Barron, the deceased member of the firm, at the time of his death, arid that at the date of the mortgage the title of .the mortgaged, premises was in -his heirs.
When this fact was established…
2Cases cited1 opinion
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
3Cited by39 opinions
- Perkins v. HallWest Virginia Supreme Court · 1941
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Becker v. Superior Court of Santa Clara Cty.California Supreme Court · 1907
- Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
- Union Planters' Bank & Trust Co. v. Memphis Hotel Co.Tennessee Supreme Court · 1911
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