Davis v. Martin
Court of Appeals for the Fifth Circuit
Appeal iroin the Circuit Court of the United States for the Western District of Louisiana. On the 1st of October, 1888, W. L. Wooten, describing himself as a resident of Caldwell parish, state of Louisiana, executed an act of mortgage upon the property herein in controversy, in favor of Henry Dickinson, of New York, to secure the payment of an indebtedness of $5,000, with interest thereon from that date at 8 per cent, per annum until paid; the indebtedness thus secured being…
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Appeal iroin the Circuit Court of the United States for the Western District of Louisiana. On the 1st of October, 1888, W. L. Wooten, describing himself as a resident of Caldwell parish, state of Louisiana, executed an act of mortgage upon the property herein in controversy, in favor of Henry Dickinson, of New York, to secure the payment of an indebtedness of $5,000, with interest thereon from that date at 8 per cent, per annum until paid; the indebtedness thus secured being liquidated by the execution of a bond of even date, for the sum of $.>,000, due October 1, 1893, to which were attached…
1Opinion of the CourtPardee, Circuit Judge
(after stating tbe facts as above). As there was an actual, physical seizure and custody of the property in controversy in the suit of Watkins et al. against Wooten, in the circuit court, that court had jurisdiction to hear and determine the, controversy inaugurated by the petition filed-by appellant and the proceedings thereunder, irrespective of the citizenship of the parties. Morgan’s L. & T. Ry. v. Texas Cent. R. Co., 137 U. S. 171:, 11 Sup. Ct. 61, 34 L. Ed. 625, and cases there cited. The record shows that the proceedings on the appellant’s petition have been carried on and conducted…
2Cases cited9 opinions
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Webb v. KellerSupreme Court of Louisiana · 1887
- J. U. & H. M. Payne & Co. v. PaveySupreme Court of Louisiana · 1877
- French v. PrieurSupreme Court of Louisiana · 1843
- Way v. LevySupreme Court of Louisiana · 1889
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3Cited by2 opinions
- Cincinnati, I. & W. R. v. Indianapolis Union Ry. Co.Court of Appeals for the Sixth Circuit · 1922
- The Human Rights Defense Center v. U.S. Department of Homeland SecurityDistrict Court, W.D. Washington · 2021