United States v. Insley
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. In Equity. Bill by the United States against the heirs at law and administratrix of Moses McElroy, and the heirs at law of Polly Palmer, to redeem certain land claimed under a mortgage. The circuit court dismissed the bill on the ground of laches, (25 Fed. Rep. 804,) but this decree was reversed on appeal to the supreme court. Í) Sup. Ct.
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Appeal from the Circuit Court of the United States for the District of Kansas. In Equity. Bill by the United States against the heirs at law and administratrix of Moses McElroy, and the heirs at law of Polly Palmer, to redeem certain land claimed under a mortgage. The circuit court dismissed the bill on the ground of laches, (25 Fed. Rep. 804,) but this decree was reversed on appeal to the supreme court. Í) Sup. Ct. Rep. 485. After another hearing in the circuit court the bill was again dismissed, and the United States again appeals. Statement by THAYER, District Judge: This is a bill filed…
1Opinion of the Court
THAYER, District Judge,
(after stating the facts as above.) When this case was before the supreme court of the United States on appeal from a former decree of the circuit court, dismissing the bill, it was held that the appellees could neither invoke the plea of laches nor limitations as a defense to the right of the United States to redeem. U. S. v. Insley, 130 U. S. 263, 9 Sup. Ct. Rep. 485. We ■are relieved, therefore, of the necessity of considering such defenses, and will confine our attention to the question whether the second decree dismissing the bill can be sustained upon the ground…
2Cases cited6 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- United States v. ReidSupreme Court of the United States · 1852
- United States v. InsleySupreme Court of the United States · 1889
- United States v. HortonU.S. Circuit Court for the District of Eastern Missouri · 1873
- United States v. RundlettU.S. Circuit Court for the District of New Hampshire · 1854
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3Cited by10 opinions
- United States v. ZarafonitisCourt of Appeals for the Fifth Circuit · 1907
- Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917
- National Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
- Collin County Nat. Bank of McKinney v. HughesCourt of Appeals for the Eighth Circuit · 1907
5 more not listed; retrieve them via the Exa API.