Harlan v. Houston
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. ° Suit in equity by A. C. Houston against Richard D.. Harlan, executor of the will of Phineas Prouty, deceased, J. G. Hutchison, intervener. Decree for complainant, and defendant appeals.
1Opinion of the Court
HOOK, Circuit Judge.
A. C. Houston, a citizen of Kansas, sued Richard D. Harlan, a citizen of Illinois and executor of the will of Phineas Prouty, deceased, for an accounting by the latter as a mortgagee in possession of a tract of land in Lyon county, Kan., and for the enforcement of a right of redemption. Plaintiff began the suit in a state court in Kansas, and defendant removed it to the court below upon the ground of diversity of citizenship. Defendant asserted title to the land through a suit in-the state court to foreclose the mortgage commenced in 1894, completed in 1895, and resulting…
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