Hobbs v. State Trust Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the ’United States for the Northern District of Alabama. This was a bill of review filed by Thomas M. Hobbs against the State Trust Company and others to review and reverse a decree rendered in a suit by the State Trust Company against the Decatur, Chesapeake & New Orleans Railway Company and Thomas M. Hobbs for the foreclosure of a mortgage. The circuit court dismissed the bill. Complainant appeals.
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Appeal from the Circuit Court of the ’United States for the Northern District of Alabama. This was a bill of review filed by Thomas M. Hobbs against the State Trust Company and others to review and reverse a decree rendered in a suit by the State Trust Company against the Decatur, Chesapeake & New Orleans Railway Company and Thomas M. Hobbs for the foreclosure of a mortgage. The circuit court dismissed the bill. Complainant appeals. The Decatur, Chesapeake & New Orleans Railway Company on June 25, 1889, executed a deed of trust to the American Loan & Trust Company on all of its property,…
1Opinion of the CourtLardee, Circuit Judge
From the record we are unable to say on what issue this cause was disposed of in the court below, but as presented in the briefs of counsel (there was no oral argument) the question here is the same as though a general demurrer for want of equity in the bill was sustained; and, farther, we notice that in the original decree sought to he reviewed in the present bill of review no question of fact was or is in dispute, and that it is practically conceded that in the original cause the facts were that the Decatur, Chesapeake & New Orleans Railway Company commenced proceedings in the probate court…
2Cited by3 opinions
- Faulk v. Missouri River & N. W. Ry. Co.South Dakota Supreme Court · 1911
- Wheeling Bridge & Terminal Ry. Co. v. Reymann Brewing Co.Court of Appeals for the Fourth Circuit · 1898
- Fordyce v. Kansas City & N. Connecting R. Co.U.S. Circuit Court for the District of Western Missouri · 1906