Legal Opinion

Sanger v. Nightingale

Supreme Court of the United States

Decided May 23, 1887No. 228PublishedCited by 18 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA. This was an appeal from the Circuit Court of the United States for the Southern District of Georgia. The decree from which this appeal, was taken dismissed a bill brought by William H. M. Sanger, the appellant, to foreclose a mortgage.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA. This was an appeal from the Circuit Court of the United States for the Southern District of Georgia. The decree from which this appeal, was taken dismissed a bill brought by William H. M. Sanger, the appellant, to foreclose a mortgage. The bill was brought against William Nightingale, as executor of Phineas M. Nightingale, his father, Mrs. Ellen D. Nightingale, the widow, and John K. Nightingale, and others, children of Phineas, deceased, the maker of the original mortgage. Sanger, the plaintiff below,…

1Opinion of the CourtJustice Miller

Two questions are presented for consideration on the pleadings in the case. The first of these may be said to be this plea of‘ the statute of limitations; the second, the question of actual fraud in the foreclosure of the Spalding mortgage, and the transfer of title thereby to the children of Phineas M. Nightingale.

As regards the statute, of limitations, it is observable that the foreclosure suit was brought in < the name of Spalding, the original mortgagee, for the use of Johnston, administrator of the estate of Molyneux, for reasons explained by the attorneys who brought it. The' suit was…

2Cases cited1 opinion

  1. Ewell v. DaggsSupreme Court of the United States · 1883

3Cited by18 opinions

  1. Headrick v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Tenth Circuit · 1950
  2. Fish v. FarwellIllinois Supreme Court · 1895
  3. Hanchett v. BlairCourt of Appeals for the Ninth Circuit · 1900
  4. Coe v. FinlaysonSupreme Court of Florida · 1899
  5. Horr v. HerringtonSupreme Court of Oklahoma · 1908

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