Legal Opinion

Mercantile Trust Co. v. Hart

Court of Appeals for the Eighth Circuit

Decided November 2, 1896No. 755PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the District of Colorado. This was a bill by the Mercantile Trust Company against the Colorado Mining-Stock Exchange, to foreclose a deed of trust in the nature of a mortgage.

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Appeal from the Circuit Court of the United States for the District of Colorado. This was a bill by the Mercantile Trust Company against the Colorado Mining-Stock Exchange, to foreclose a deed of trust in the nature of a mortgage. David W. Hart, treasurer of Arapahoe county, filed an intervening petition, setting forth the payment by himself of certain taxes upon the mortgaged property, and praying that he might be subrogated to the rights of the state, the city of Denver, and the board of education, as if the taxes had not been paid, and that the lien decreed in his favor might be adjudged…

1Opinion of the Court

THAYER, Circuit Judge.

This is an appeal from a decree in favor of David W. Hart, the appellee, which was rendered on an intervening petition that was filed by said Hart in a pending foreclosure suit. The facts disclosed by the record are substantially these: On June 28, 1895, the Mercantile Trust Company, the appellant, filed a bill in the circuit court of the United States for the district of Colorado to foreclose a deed of trust, in the nature of a mortgage, on certain property situated in the city of Denver, Colo., which at the date of the execution of the deed of trust belonged to a…

2Cases cited5 opinions

  1. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
  2. McInerny v. ReedSupreme Court of Iowa · 1867
  3. Hinchman v. MorrisWest Virginia Supreme Court · 1887
  4. Griffing v. PintardMississippi Supreme Court · 1852
  5. Wilkinson v. BabbittU.S. Circuit Court for the District of Western Missouri · 1877

3Cited by7 opinions

  1. Brown v. Sheldon State BankSupreme Court of Iowa · 1908
  2. East Side Packing Co. v. Fahy MarketCourt of Appeals for the Second Circuit · 1928
  3. State Ex Rel. Mothersead v. KellySupreme Court of Oklahoma · 1930
  4. Marks v. Baum Bldg. Co.Supreme Court of Oklahoma · 1918
  5. In re Baltimore Pearl Hominy Co.District Court, D. Maryland · 1923

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