Cæsar v. Capell
U.S. Circuit Court for the District of Western Tennessee
In Equity. Hearing on Plea. (August 17, 1897.) The bill alleges that the widowed defendant and her husband in his lifetime executed a deed of trust to the plaintiff Jarvis, now a citizen of the state of New York, whereby was conveyed a tract of land of 484 acres situated in Haywood county, Tenn., in trust to secure to the Jarvis-Conkiin Mortgage Trust Company the payment of a bond for $6,000 executed and delivered by them for money loaned, due five years after date, with…
Read the full summary
In Equity. Hearing on Plea. (August 17, 1897.) The bill alleges that the widowed defendant and her husband in his lifetime executed a deed of trust to the plaintiff Jarvis, now a citizen of the state of New York, whereby was conveyed a tract of land of 484 acres situated in Haywood county, Tenn., in trust to secure to the Jarvis-Conkiin Mortgage Trust Company the payment of a bond for $6,000 executed and delivered by them for money loaned, due five years after date, with interest payable semiannually on the 1st days of February and August. There are no distinctive allegations in the hill…
1Opinion of the CourtHammond, J.
(after stating the facts as above). The pleas in this case are somewhat inartificial. They are, in the first place, without leave of the court, double, inasmuch as they set up matter both in bar and in abatement. They also do not within themselves state all that is necessary to render the pleas a complete equitable bar to the case made by the bill, by clear and distinct averments of the facts themselves, but deal mostly in mere conclusions of fact and law drawn by the pleader from the undisclosed circumstances or supposed facts of the case. Also they ignore certain material facts stated in…
2Cases cited40 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- National Bank v. MatthewsSupreme Court of the United States · 1879
35 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Denison v. PhippsSupreme Court of Oklahoma · 1922
- Toledo Traction, Light & Power Co. v. SmithDistrict Court, N.D. Ohio · 1913
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
- Portland Cattle Loan Co. v. Hansen Livestock & Feeding Co.Idaho Supreme Court · 1926
- A. Booth & Co. v. WeigandUtah Supreme Court · 1906
19 more not listed; retrieve them via the Exa API.