Taylor v. Luther
U.S. Circuit Court for the District of Rhode Island
Bill in equity [by Richard Taylor and wife, against Martin Luther] to redeem premises asserted to be mortgaged, and for relief under the circumstances, there being no written declaration of a mortgage.
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Bill in equity [by Richard Taylor and wife, against Martin Luther] to redeem premises asserted to be mortgaged, and for relief under the circumstances, there being no written declaration of a mortgage. The bill alleged, that a certain conveyance of lands in Rhode Island originally made in October, 1821, by the plaintiffs in the right of the wife, to one Joseph Almey, and after-wards, in March, 1821, assigned by Almey, by a release and quitclaim, to one Josiah Westeott, and afterwards in January, 1826, by a like release and quitclaim, assigned by Westeott to the defendant, Martin Luther, and…
1Opinion of the Court
STORY, Circuit Justice.
Before proceeding to the merits of the cause it may be proper to say a few words on the pleasún bar put in by the defendant. I do not go into the particulars of these pleas, though I have no doubt, that they are all bad in substance, because, in the first place, in a court of equity, double pleading of this sort is not allowable; and in the next place, because the answer, not being special, and merely in support of the matter of the pleas, but being general, overrules the pleas, upon the settled doctrines of the court. So, that the pleas may at once be dismissed without…
2Cases cited8 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Roach v. CosineNew York Supreme Court · 1832
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3Cited by15 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Brick v. BrickSupreme Court of the United States · 1879
- Burke v. McLaughlinMassachusetts Supreme Judicial Court · 1923
- Minnesota Mut. Inv. Co. v. McGirrCourt of Appeals for the Eighth Circuit · 1920
- Scanlan v. ScanlanIllinois Supreme Court · 1890
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