Wolcott v. Sprague
U.S. Circuit Court for the District of Kansas
In Equity. This suit was originally brought in a district court of Bussell county, Kan., by Charles A. Wolcott, cashier of the First National Bank of Bussell, against H. F. íáprague and wife and the Oakland Home Insurance Company, to foreclose a deed, which, though absolute in form, was given by said Sprague and wife to secure the payment of a note to the bank for the sum of $3,000. The insurance company filed a cross bill to foreclose a mortgage on the same property for the…
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In Equity. This suit was originally brought in a district court of Bussell county, Kan., by Charles A. Wolcott, cashier of the First National Bank of Bussell, against H. F. íáprague and wife and the Oakland Home Insurance Company, to foreclose a deed, which, though absolute in form, was given by said Sprague and wife to secure the payment of a note to the bank for the sum of $3,000. The insurance company filed a cross bill to foreclose a mortgage on the same property for the sum of $4,000, with interest, given by said Sprague and wife, prior to the date of the deed, to Charles Berrick, and by…
1Opinion of the Court
FOSTER., District Judge.
In this case the amount in controversy as between plaintiff and the insurance company is not the $1,000 set out in plaintiff’s bill of complaint. The plaintiff attacks the mortgage of the insurance company, which is for $4,000, and seeks to have it decreed, settled, and canceled. Under authority of Meyer v. Construction Co., 100 U. S. 457, the parties to the controversy should be arranged according to their interest in the subject-matter, and not as they appear on the record. So the plaintiff and the Spragues must be arrayed against the insurance company, for so their…
2Cases cited4 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892
- Home Insurance v. MarshallSupreme Court of Kansas · 1892
- German Insurance v. SmelkerSupreme Court of Kansas · 1888
3Cited by2 opinions
- Hutton v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1896
- Brookings v. American InsuranceSupreme Court of Kansas · 1932