Security Savings & Loan Ass'n v. Buchanan
Court of Appeals for the Sixth Circuit
Appeal from tbe Circuit Court of the United Stales for the Southern Division of the Eastern District of Tennessee. This was a suit by th.e Security Savings & Loan Association against J. K Buchanan. A. A. Orabbs, Anna Orabbs, A. P. Petty. W. li. Hutsell, E. C. Swabey, 0. B. Jenkins, and W. H. Thomas for the foreclosure of a mortgage and other relief. The circuit court dismissed the bill. Complainant appeals.
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Appeal from tbe Circuit Court of the United Stales for the Southern Division of the Eastern District of Tennessee. This was a suit by th.e Security Savings & Loan Association against J. K Buchanan. A. A. Orabbs, Anna Orabbs, A. P. Petty. W. li. Hutsell, E. C. Swabey, 0. B. Jenkins, and W. H. Thomas for the foreclosure of a mortgage and other relief. The circuit court dismissed the bill. Complainant appeals. As shown by the bill, tlio complainant in this case is a corporation organized under the laws of Minnesota, having its home office there, and is engaged in the business of a building,…
1Opinion of the Court 1
Having stated the case as above,
2Opinion of the Court · SeyeeensSeyeeens, District Judge
Although the demurrer was sustained in the circuit court upon the one ground stated in the opinion of that court, the question for us is whether it should have been sustained for any of the causes therein shown. There can be no doubt that, upon the facts stated in the bill, the appellee, Hutsell, was guilty of a gross fraud upon the complainant, and that an action a,t la,w would lie to recover the damages occasioned thereby. It was held by the court below that that was an adequate remedy, and hence that a suit in equity could not be maintained; citing Ambler v.…
3Cases cited12 opinions
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Buzard v. HoustonSupreme Court of the United States · 1886
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Tyler v. SavageSupreme Court of the United States · 1892
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
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4Cited by12 opinions
- Benson v. BatteySupreme Court of Kansas · 1904
- INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
- New Hampshire Sav. Bank v. RicheyCourt of Appeals for the Eighth Circuit · 1903
- Alger v. AndersonU.S. Circuit Court for the District of Middle Tennessee · 1899
- Clinton Mining & Mineral Co. v. CochranCourt of Appeals for the Third Circuit · 1918
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