Ormsby v. Ottman
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. Tins is an appeal from a decree which dismissed a bill to foreclose a trust deed of certain real estate in the state of Nebraska, given by Hamilton It. Ottoman and Harriette L. Ottoman, his wife, to the appellant, IS. S. Ormsby, on October 6, 1888, to secure a promissory note for $4,000 and interest, made by Hamilton It.
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Appeal from the Circuit Court of the United States for the District of Nebraska. Tins is an appeal from a decree which dismissed a bill to foreclose a trust deed of certain real estate in the state of Nebraska, given by Hamilton It. Ottoman and Harriette L. Ottoman, his wife, to the appellant, IS. S. Ormsby, on October 6, 1888, to secure a promissory note for $4,000 and interest, made by Hamilton It. Ottmau, and payable to the order of W. L. Telford, which Tel-ford indorsed, and sold to Calvin 10. Hull on December 19, 1888. The appellees. George W. Dillard and 'Max Einstein, pleaded and…
1Opinion of the CourtSanborn, Circuit Judge
Two questions are presented in this case: Was the decree of the district court of the state of Nebraska on November 15, 1894, against the.trustee, Ormsby, and his cestui que trust, Hull, to the effect that the trust deed was paid and canceled, impervious to collateral attack, and fatal to their subsequent attempt to foreclose the trust deed in the federal court? If not, was the debt secured by that deed in fact paid? The appellant insists that the first question should he answered in tlie negative, (1) because the state court had no jurisdiction to render a decree removing the cloud of the…
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