Hamilton v. Fowler
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee. The original bill was filed by Thomas A. Hamilton and his wife, Elizabeth H. Hamilton, in the chancery court for Shelby county, Tenn., for the purpose of enjoining the sale of certain premises situated in that county under a power of sale contained in a mortgage made by the complainants to secure a certain promissory note theretofore made by them to the Jarvis-Conklin Mortgage Trust…
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Appeal from the Circuit Court of the United States for the Western District of Tennessee. The original bill was filed by Thomas A. Hamilton and his wife, Elizabeth H. Hamilton, in the chancery court for Shelby county, Tenn., for the purpose of enjoining the sale of certain premises situated in that county under a power of sale contained in a mortgage made by the complainants to secure a certain promissory note theretofore made by them to the Jarvis-Conklin Mortgage Trust Company, a corporation of the state of Missouri, whose principal office was at Kansas. City. The note aforesaid was in…
1Opinion of the CourtLurtox, Circuit Judge
Hamilton and wife have appealed from the decree upon the cross bill, and Fowler, Caesar, and Maxwell have appealed from the decree enjoining a foreclosure by sale by Maxwell as trustee under the mortgage. The Tennessee act of 1891, c. 122 (Acts Tenn. 1891, p. 264), provides that all foreign corporations proposing to carry on business in Tennessee shall record their charters with the secretary of state, and in each county in which it is proposed to do business, and that “it shall be unlawful for any foreign corporation to do or attempt to do any business or to own or acquire any property in…
2Cases cited40 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Carpenter v. LonganSupreme Court of the United States · 1873
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
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3Cited by21 opinions
- Ash v. Chas F. Noble Oil & Gas Co.Supreme Court of Oklahoma · 1923
- Scherer v. EverestCourt of Appeals for the Eighth Circuit · 1909
- Baker v. ButcherCalifornia Court of Appeal · 1930
- Melton v. Pensacola Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1911
- Finseth v. SchererSupreme Court of Minnesota · 1917
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