Southard v. Russell
Supreme Court of the United States
This was an appeal from the Circuit Court of the Unitea States for the District of Kentucky, sitting as a court of equity. Being a continuation of the case of Russell v. Southard and others, reported in 12 Howard, 139, it is proper to take it up from the point where that report left it.
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This was an appeal from the Circuit Court of the Unitea States for the District of Kentucky, sitting as a court of equity. Being a continuation of the case of Russell v. Southard and others, reported in 12 Howard, 139, it is proper to take it up from the point where that report left it. In 12 Howard, 159 it is said, “ After the opinion of the court was pronounqed, a motion was made on behalf of the appellees for a rehearing and to remand the cause to the Circuit Court for further preparation and proof, upon the ground that new and material evidence had been discovered' since the case was…
1Opinion of the CourtJustice Nelson
This is an appeal from a decree of the Circuit Court of the United States for the District of Kentucky.
The present defendant, Russell, filed a bill in the court below in 1847, against the present complainant, Southard, and others, for the purpose of having the deed of a large and valuable farm or plantation, and a defeasance on refunding the purchase-money executed at the same time, declared to be a mortgage; and, that the complainant be permitted to redeem on such terms and conditions as the court might direct. -The cause went to a hearing on the pleadings and proofs, and a decree was…
2Cases cited2 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Stafford v. BryanNew York Court of Chancery · 1830
3Cited by74 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- John Simmons Co. v. Grier Brothers Co.Supreme Court of the United States · 1922
- In Re PottsSupreme Court of the United States · 1897
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Banco Nacional De Cuba v. FarrCourt of Appeals for the Second Circuit · 1967
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