Audas v. Highland Land & Building Co. of Dayton
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action at law by Cynthia Audas against the Highland Land & Building Company of Dayton, Ky. Judgment for defendant, and plaintiff brings error. On August 29, ISO'!, Thomas Audas and his wile (the latter being plaintiff in error here) borrowed $2,500 from one Kearney, giving as security therefor a mortgage on certain land in Campbell comity.
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In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action at law by Cynthia Audas against the Highland Land & Building Company of Dayton, Ky. Judgment for defendant, and plaintiff brings error. On August 29, ISO'!, Thomas Audas and his wile (the latter being plaintiff in error here) borrowed $2,500 from one Kearney, giving as security therefor a mortgage on certain land in Campbell comity. Ky.. in which mortgage plaintiff in error joined. On April 28, .1900. Kearney began an action against Audas and wife, then nonresidents of…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1, 2] Plaintiff’s right of action for the recovery of the mortgaged premises depends upon the legal sufficiency of the foreclosure proceedings in Kearney v. Audas. This proceeding is challenged as fatally defective in four particulars. The Court of Appeals of Kentucky has held that none of these criticisms (so far as there considered) invalidated the judgment and sale. So far as this decision establishes or accords with a settled construction of the meaning of the statutes of Kentucky, this court is bound thereby. Maiorana v. B. & O. R. R. Co., 213 U. S.…
2Cases cited17 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Scott v. McNealSupreme Court of the United States · 1894
- Brown-Forman Co. v. KentuckySupreme Court of the United States · 1910
- Simmons v. SaulSupreme Court of the United States · 1891
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3Cited by8 opinions
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- Bean v. StateIdaho Supreme Court · 1938
- Lisman v. Knickerbocker Trust Co.Court of Appeals for the Sixth Circuit · 1914
- Pensacola State Bank v. ThornberryCourt of Appeals for the Sixth Circuit · 1915
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