Holmes v. Dowie
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by William B. Holmes against John Alexander Dowie and others, consolidated with a bill by Gus D. Thomas, as receiver of the estate of Dowie, against Charles D. Irvine and others. Brom a decree in favor of the receiver, Irvine and others appeal.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by William B. Holmes against John Alexander Dowie and others, consolidated with a bill by Gus D. Thomas, as receiver of the estate of Dowie, against Charles D. Irvine and others. Brom a decree in favor of the receiver, Irvine and others appeal. In July, 1906, in a suit by Holmes against Dowie and others, appellee’s predecessor was appointed receiver and directed to take immediate possession of all property, real, personal; and mixed, situated in Lake county, HI., then in…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). We deem it too obvious to require elaboration that section 720, Rev. St. (U. S. Comp. St. 1901, p. 581), has no application to the Lake county-suit as an attempt to fasten an easement upon the fee of the lands that the United States court liad taken into its possession for the purposes of administration. That possession drew with it the power (and the exclusive power, without the consent of the administering court) to hear and decide all controversies relating to rights and interests in such property. Farmers’ Loan & Trust Co. v. Lake St. Elevated Rld. Co.,…
2Cases cited6 opinions
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Porter v. SabinSupreme Court of the United States · 1893
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- Buckhannon & N. R. v. DavisCourt of Appeals for the Fourth Circuit · 1905
- American Loan & Trust Co. v. Central Vermont R.U.S. Circuit Court for the District of Vermont · 1898
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3Cited by1 opinion
- CTC Inv. Co. v. Daniel Boone Coal CorporationDistrict Court, E.D. Kentucky · 1931