Wall v. Bissell
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was a bill in equity by George P. Bissell against Abraham G. Barnett, his wife, Byron H. Barnett and James W. Barnett his minor sons, his sisters Susan B. Shoaff and Mary Ann Wall and their husbands, Henry J. Budisill, Oscar A. Simons and John H. Bass, Henry Burgess, Charles Á. Zollinger, and the representatives of John J. Eamm, to foreclose mortgages of real estate in Indiana.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was a bill in equity by George P. Bissell against Abraham G. Barnett, his wife, Byron H. Barnett and James W. Barnett his minor sons, his sisters Susan B. Shoaff and Mary Ann Wall and their husbands, Henry J. Budisill, Oscar A. Simons and John H. Bass, Henry Burgess, Charles Á. Zollinger, and the representatives of John J. Eamm, to foreclose mortgages of real estate in Indiana. Answers and cross bills were filed by the various parties, setting up their different interests, and á final decree was rendered for…
1Opinion of the CourtJustice Gray
The principal question in this ease is the validity of the release, executed by Abraham G. Barnett, of the mortgage from Henry J. Rudisill to John H. Barnett. By the law of Indiana, a mortgage creates only a lien to secure the mortgage debt, leaving the legal title of the land in the mortgagor. Fletcher v. Holmes, 32 Indiana, 497.
It was argued for the appellees that this release was valid, considering Abraham G. Barnett in any one of three capacities: 1st. As executor of the will of John H. Barnett. 2d. As trustee under that will. 3d. As surviving joint owner, in equity, of the bond and…
2Cases cited9 opinions
- Hartnett v. . WandellNew York Court of Appeals · 1875
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
- Batesville Institute v. KauffmanSupreme Court of the United States · 1873
- Hill v. TuckerSupreme Court of the United States · 1852
- Foster v. WadeCourt of Appeals of Kentucky · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- In re Estate of CrawfordLucas Circuit Court · 1901