Legal Opinion

Verden v. Coleman

Supreme Court of the United States

Decided March 10, 1862PublishedCited by 3 opinions

Writ of error to'the Supreme Court of Indiana. Coleman filed a bill in equity against Verden in the Benton county circuit, Indiana, to foreclose a mortgage.

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Writ of error to'the Supreme Court of Indiana. Coleman filed a bill in equity against Verden in the Benton county circuit, Indiana, to foreclose a mortgage. The complainant set out a note given by Verden to him for $2,315, and a mortgage on six pieces of land to Secure its payment, and prayed a decree of foreclosure.'' The defendant, in his •answer, admitted the making of the note and the execution of the mortgage; and set up, by way of avoidance, the following facts: That he purchased, at the time the note and mortgage were given, six pieces of land, five from the complainant pud one from…

1Opinion of the Court

Mr. Justice GRIER';

Does this case come within the 25th' section of the judiciary act?

The bill filed in the State court is for the foreclosure of a mortgage. The defence set up by the mortgagor was, that the-consideration of the note which the mortgage secured was the purchase money of the land mortgaged; that the title to one of the tracts was through a patent of the United States to Hannamah Hewett; that this patent did not convey' a good title, because in 1832 the United States concluded a treaty of purchase of a 'large tract of country with the Pottawatomie Indians'; that by the terms of…

2Cases cited2 opinions

  1. Owings v. Norwood's LesseeSupreme Court of the United States · 1809
  2. HENDERSON v. State of TennesseeSupreme Court of the United States · 1851

3Cited by3 opinions

  1. Tyler v. Judges of the Court of RegistrationSupreme Court of the United States · 1900
  2. Long v. ConverseSupreme Court of the United States · 1875
  3. Miller v. Lancaster BankSupreme Court of the United States · 1883

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