Building & Loan Ass'n of Dakota v. Logan
Court of Appeals for the Fifth Circuit
Appeal from tbe Circuit Court of the United States for the Northern District of Texas. This was a suit by the Building & Loan Association of Dakota against William J. Logan and Minnie Logan to foreclose a lien by a deed of trust. The circuit court rejected the claim of lien, but rendered a personal judgment against the defendants. Complainant appeals.
1Opinion of the Court
BRUCE, District Judge.
This suit was instituted by appellant, a South Dakota corporation, against appellee, a citizen of the state of Texas, to foreclose a lien by deed of trust executed by defendants William J. and Minnie Logan on a lot or parcel of land in the town of Dallas, Tex. The defenses interposed are usury to the debt and homestead to the lien asserted, which complainant seeks to foreclose upon the property. There is also a question as to the claim of a vendor’s lien upon the property, evidenced by an outstanding note for purchase money of the property at the time the deed of trust…
2Cases cited4 opinions
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Miller v. TiffanySupreme Court of the United States · 1864
- Clark v. KillianSupreme Court of the United States · 1881
- Sturdivant v. Memphis Nat. BankCourt of Appeals for the Fifth Circuit · 1894
3Cited by14 opinions
- Guarantee Co. of North America v. Phenix Ins.Court of Appeals for the Eighth Circuit · 1903
- Board of Com'rs v. HurleyCourt of Appeals for the Eighth Circuit · 1909
- O'Neil v. Wolcott Mining Co.Court of Appeals for the Eighth Circuit · 1909
- Hieronymus v. New York Nat. Building & Loan Ass'nU.S. Circuit Court for the District of Southern Alabama · 1899
- Andruss v. People's Building, Loan & Saving Ass'nCourt of Appeals for the Fifth Circuit · 1899
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