Greenfield v. United States Mortgage Co. of Scotland, Ltd.
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. On motion to remand. The complainant filed her bill in the chancery court of Jackson county, state of Arkansas, to remove as a cloud on her title to certain lands two deeds, under which the defendant mortgage company claims title to the same realty.
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In Equity. On motion to remand. The complainant filed her bill in the chancery court of Jackson county, state of Arkansas, to remove as a cloud on her title to certain lands two deeds, under which the defendant mortgage company claims title to the same realty. The plaintiff, who is in possession of the premises in controversy, claims to be the owner thereof, and charges that on April 23, 1901, she, being then a married woman, was by force and threats compelled by her husband to execute a mortgage, in the nature of a trust deed with powers of sale, to the defendant Carlisle, as trustee, for…
1Opinion of the Court
TRIEBER, District Judge.
Whether, in an action to redeem from a mortgage, the jurisdiction of a national court is to be determined by the value of the land or the amount of the mortgage debt is immaterial, and need not be determined in this cause, as the main object of this bill is to cancel, not only the mortgage deed, but also the deed of the trustee, executed by him under the foreclosure proceedings to the mortgage company, which deed vests in the purchaser the entire fee to the estate. The prayer for relief, so far as it asks for a redemption, is only in the alternative in case the court *786ho…
2Cases cited6 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Smith v. AdamsSupreme Court of the United States · 1889
- Stinson v. DousmanSupreme Court of the United States · 1858
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
- Lehigh Zinc & Iron Co. v. New Jersey Zinc & Iron Co.U.S. Circuit Court for the District of New Jersey · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Frontera Transportation Co. v. AbaunzaCourt of Appeals for the Fifth Circuit · 1921
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1938
- Hartman v. John D. Park & Sons Co.U.S. Circuit Court for the District of Kentucky · 1906
- Arndt v. Bank of AmericaDistrict Court, N.D. California · 1943
- Colony Coal & Coke Corp. v. NapierDistrict Court, E.D. Kentucky · 1939
4 more not listed; retrieve them via the Exa API.