Reagan v. Aiken
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS. On December 23, 1885, J. M. Anderson and T. W. Anderson, Jr., executed a mortgage on certain real estate in Texas to one W. J. McDonald, to secure the payment of certain debts of the-mortgagors. On the same day, J. M. Anderson mortgaged to said McDonald and W. B. Aiken and L. 0. Stiles certain personal property, as security for the payment of the same debts.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS. On December 23, 1885, J. M. Anderson and T. W. Anderson, Jr., executed a mortgage on certain real estate in Texas to one W. J. McDonald, to secure the payment of certain debts of the-mortgagors. On the same day, J. M. Anderson mortgaged to said McDonald and W. B. Aiken and L. 0. Stiles certain personal property, as security for the payment of the same debts. On December 27, Carter Bros. & Co., of Louisville, Kentucky, H. T. Simon, Gregory &.Co., and J. H. Wear, Boogher & Co.,' of St. Louis, commenced in the…
1Opinion of the CourtJustice Brewer
Many assignments of error and many questions are presented by the counsel for plaintiffs in error. Ve notice those which seem to be substantial. It is alleged, first, that there was error in refusing to transfer the law action, to, the ' equity docket. This was-an action at law, brought by certain mortgagees to recover the value of goods mortgaged to them, which had been seized, sold and appropriated by the .defendant, the United States marshal^ to other purposes. Nothing is plainer than that, such an action is one at law. It' is Urged that the debts secured by the chattel mortgage were also…
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