Weaver v. Alter
U.S. Circuit Court for the District of Louisiana
In equity. Heard for final decree upon pleadings and evidence. The bill was filed by the complainant (Daniel Weaver], who was the holder of one of the notes secured by a mortgage, to recover from the purchasers of the mortgaged property, who had become such at a sale ordered by the court in a suit to enforce the mortgage, his share of the purchase price, and to assert his lien therefor on the mortgaged premises.
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In equity. Heard for final decree upon pleadings and evidence. The bill was filed by the complainant (Daniel Weaver], who was the holder of one of the notes secured by a mortgage, to recover from the purchasers of the mortgaged property, who had become such at a sale ordered by the court in a suit to enforce the mortgage, his share of the purchase price, and to assert his lien therefor on the mortgaged premises. The facts were as follows: The complainant and respondents [Charles E. Alter and others] each held one or more promissory notes which were secured by a common mortgage upon the Ormond…
1Opinion of the Court
BILLINGS, District Judge.
The questions presented for decision arise on the cross-bill, and relate to the effect of the redemption from the tax sale by Alter, and the effect of the alleged prescription of the non-presented note.
First. Is the matter set up by way of cross-bill, properly matter of a bill not original? The most precise definition of a cross-bill which I have been able to find in the text-books, is in Coop. Eq. Pl. p. 85. “A cross-bill,’' says he, “is a bill which ex vi terminorum implies a bill brought by a defendant in a suit against a plaintiff respecting the matter in question…
2Cases cited3 opinions
- Pepper v. DunlapSupreme Court of Louisiana · 1840
- Grayson v. MayoSupreme Court of Louisiana · 1847
- Galatian v. ErwinNew York Court of Chancery · 1823
3Cited by3 opinions
- Jackson v. DuttonSupreme Court of Florida · 1903
- Newton v. GageU.S. Circuit Court for the District of Southern California · 1907
- Gregory v. PikeU.S. Circuit Court for the District of Massachusetts · 1886