Leighton v. Young
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Bill by Harriet W. Leighton and Charles M. Leighton against Rowena Young, Ellis L. Bierbower, United States marshal, and James H. McMurtry, to restrain the execution of a writ of possession by the United States marshal until the value of certain improvements should be paid. Injunction granted, and decree for cómplainánts on certain conditions. Complainants appeal. Reversed.
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Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Bill by Harriet W. Leighton and Charles M. Leighton against Rowena Young, Ellis L. Bierbower, United States marshal, and James H. McMurtry, to restrain the execution of a writ of possession by the United States marshal until the value of certain improvements should be paid. Injunction granted, and decree for cómplainánts on certain conditions. Complainants appeal. Reversed. Statement by Caldwell, Circuit Judge: In 1884, Rowena Young brought suit in ejectment in the circuit court of the United States…
1Opinion of the Court
Caldwell, Circuit Judge,
(after stating the facts.) It is objected by the appellees that the mode of proceeding adopted by the complainants does not conform to the requirements of the occupying claimant’s law, and that the suit was brought out of time. Where a state statute creates a right and prescribes a mode of proceeding to enforce it in the state courts, the courts of the United States, in that state, will enforce the right, but not always in the mode prescribed for enforcing it in the state courts. The state courts may be authorized to enforce an equitable right by an action at law, or a…
2Cases cited19 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Holland v. ChallenSupreme Court of the United States · 1884
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Ober v. GallagherSupreme Court of the United States · 1876
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3Cited by11 opinions
- Floyd v. Ring Const. CorporationCourt of Appeals for the Eighth Circuit · 1948
- United States v. WilsonDistrict Court, N.D. Iowa · 1981
- Henderson v. WanamakerCourt of Appeals for the Eighth Circuit · 1897
- Washington ex rel. City of Seattle v. Puget Sound Traction, Light & Power Co.District Court, W.D. Washington · 1917
- Frey v. WilloughbyCourt of Appeals for the Eighth Circuit · 1894
6 more not listed; retrieve them via the Exa API.