Tug River Coal & Salt Co. v. Brigel
Court of Appeals for the Sixth Circuit
Appeal irom the Circuit Court of the United States for the District of Kentucky. Bill was filed in the circuit court to foreclose a mortgage and trust deed, executed by appellant in favor of appellees, as trustees, to secure payment of certain bonds issued and sold by appellant company, a corporation organized under the laws of Kentucky, and a citizen of that state. Complainant Brigel was a citizen of Ohio, and Murray a citizen of New York.
Read the full summary
Appeal irom the Circuit Court of the United States for the District of Kentucky. Bill was filed in the circuit court to foreclose a mortgage and trust deed, executed by appellant in favor of appellees, as trustees, to secure payment of certain bonds issued and sold by appellant company, a corporation organized under the laws of Kentucky, and a citizen of that state. Complainant Brigel was a citizen of Ohio, and Murray a citizen of New York. The bill sought a sale of the property covered by the mortgage in bar of the equity of redemption. At the time of filing the original bill, there were…
1Opinion of the CourtClark, District Judge
The question of jurisdiction raised must first be considered and determined. It is well settled that, if the necessary diverse citizenship exists at the time of commencement of the suit, no subsequent change of citizenship, although voluntary, will defeat the jurisdiction which once vested. Morgan’s Heirs v. Morgan, 2 Wheat. 290; Mollan v. Torrance, 9 Wheat. 537; Clarke v. Mathewson, 12 Pet. 164; Anderson v. Watt, 138 U. S. 694, 11 Sup. Ct. 449. And where the jurisdiction of the circuit court has fully attached against the tenant in possession in an action of ejectment, substitution of the…
2Cases cited23 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Davis v. SchwartzSupreme Court of the United States · 1895
- Burke v. DulaneySupreme Court of the United States · 1894
- Anderson v. WattSupreme Court of the United States · 1891
- Horn v. LockhartSupreme Court of the United States · 1873
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Epstein v. SteinfeldCourt of Appeals for the Third Circuit · 1914
- Ford, Bacon & Davis, Inc. v. VolentineCourt of Appeals for the Fifth Circuit · 1933
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
15 more not listed; retrieve them via the Exa API.