Knox v. Alwood
District Court, S.D. Georgia
In Equity. Suit by Knox & Lewis, receivers of the Hilton & Dodge Lumber Company, against William Alwood and others. On plea to jurisdiction and of res judicata. This is a bill brought by the receivers of the Hilton & Dodge Lumber Company to enjoin respondents from cutting timber on certain lands. Both of the parties in this case derived their title to the timber in dispute from a common grantor.
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In Equity. Suit by Knox & Lewis, receivers of the Hilton & Dodge Lumber Company, against William Alwood and others. On plea to jurisdiction and of res judicata. This is a bill brought by the receivers of the Hilton & Dodge Lumber Company to enjoin respondents from cutting timber on certain lands. Both of the parties in this case derived their title to the timber in dispute from a common grantor. It appears that B. L. Lane once owned the land upon which said timber is located, together with the timber, and that by item 3 of his will, which was probated on April 1, 1895, he devised said land to…
1Opinion of the CourtLambdin, District Judge
(after stating the facts as above). [1] 1. Inasmuch as this court is administering the estate of the Hilton & *755Dodge Dumber Company, through its receivers, and the bill before the court is only an ancillary bill filed for the purpose of protecting a portion of the estate of that company, I am of the opinion that this court has jurisdiction to entertain the bill, although it would not have had jurisdiction for want of diversity of citizenship of an original bill brought for the same purpose. White v. Ewing, 159 U. S. 36, 15 Sup. Ct 1018, 40 L. Ed. 67; Hollander v. Heaslip, 222 Fed. 808, 137 C.…
2Cases cited16 opinions
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- White v. EwingSupreme Court of the United States · 1895
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
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3Cited by6 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Olcott v. PendletonSupreme Court of Connecticut · 1941
- Bohler v. CallawaySupreme Court of the United States · 1925
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- T. H. Mastin & Co. v. Kirby Lumber Co.District Court, S.D. Texas · 1936
1 more not listed; retrieve them via the Exa API.