Taylor v. Girard Life Insurance, Annuity & Trust Co.
Court of Appeals for the D.C. Circuit
Hearing on appeal by one of the defendants from a decree of the Supreme Court of the District of Columbia, holding an equity term, in a suit brought to foreclose a deed of trust.
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Hearing on appeal by one of the defendants from a decree of the Supreme Court of the District of Columbia, holding an equity term, in a suit brought to foreclose a deed of trust. The Court in its opinion stated the case as follows: On the 20th day of July, 1885, George Taylor borrowed of the Girard Life Insurance, Annuity and Trust Company $60,000, for which he gave his note, payable three years after date, with interest at the rate of six per cent, per annum until paid; he also gave six coupon notes, for the three years’ interest, for $1,800 each, payable respectively in six, twelve,…
1Opinion of the CourtJustice Shepard
Several errors have been assigned, which will be considered in the order of their presentation on the argument:
1. It is objected that “the decree is erroneous and invalid in that it does not declare the fact, nature or extent of the default which constituted the breach of the conditions of the deed of trust, nor does it find or adjudge the amount due under the terms and conditions of the deed of trust.” The authorities cited in support of this contention, viz., Railroad Co. v. Fosdick, 106 U. S., 47 ; Howell v. Western R. R. Co., 94 U. S., 463; Clark v. Reyburn, 8 Wall., 318, do not sustain…
2Cases cited5 opinions
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Clark v. ReyburnSupreme Court of the United States · 1869
- Howell v. Western Railroad CompanySupreme Court of the United States · 1877
- Trotter v. WhiteMississippi Supreme Court · 1853
- Fort v. RoushSupreme Court of the United States · 1881