Allen v. Wilson
U.S. Circuit Court for the District of Eastern Michigan
In Equity. This was a demurrer to a petition of defendant Canfield to set aside an execution and levy for a deficiency arising out of the sale of mortgaged premises upon foreclosure, to restrain the plaintiff and the marshal from further proceedings to sell the defendant’s lands; and also to open the final decree in the cause, and modify the same, so far as it decreed the payment of the mortgaged debt by the petitioner.
Read the full summary
In Equity. This was a demurrer to a petition of defendant Canfield to set aside an execution and levy for a deficiency arising out of the sale of mortgaged premises upon foreclosure, to restrain the plaintiff and the marshal from further proceedings to sell the defendant’s lands; and also to open the final decree in the cause, and modify the same, so far as it decreed the payment of the mortgaged debt by the petitioner. The bill, which was filed September 19, 1881, charged that defendant was a subsequent purchaser of the mortgaged premises, and alleged that he had assumed payment of the…
1Opinion of the CourtBrown, J.
Conceding that the order for an execution for the deficiency, entered in November last, should not have been granted without notice, and that, under general equity rule 88, the petitioner is entitled to a rehearing of such order at this term, it is manifest that it will not avail him to vacate the order unless the decree for the sale of the mortgaged premises be also opened and modified, since this decree provided that petitioner, who was adjudged to be personally liable for the debt, pay the amount of such deficiency after the sale of the premises, and that plaintiff have execution therefor.…
2Cases cited15 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Craig v. LeslieSupreme Court of the United States · 1818
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Buffington v. HarveySupreme Court of the United States · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Forty Fort Coal Co. v. KirkendallDistrict Court, M.D. Pennsylvania · 1915
- Loewe v. Union Savings BankDistrict Court, D. Connecticut · 1915
- Bayley & Sons, Inc. v. MorganDistrict Court, E.D. New York · 1920
- Stuart v. City of St. PaulU.S. Circuit Court for the District of Minnesota · 1894