Fountain v. 624 Pieces of Timber
District Court, S.D. Alabama
In Admiralty. In the matter of the petition of John F. Powers, sheriff- of Mobile county.
1Opinion of the Court
TOULMIN, District Judge.
The court which obtains possession of property or of a controversy by priority in the service of its process acquires exclusive jurisdiction for all the purposes of a complete adjudication. B. & O. R. R. Co. v. Wabash R. Co., 119 Fed. 678, 57 C. C. A. 322. The well-settled doctrine is that when a court, in the progress of a suit properly pending before it, takes possession of property under an attachment or by any other mesne or final process, its jurisdiction over the property for the time being becomes exclusive, and no other court can lawfully interfere with the…
2Cases cited11 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Freeman v. HoweSupreme Court of the United States · 1861
- James L. v. CarrylSupreme Court of the United States · 1858
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
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3Cited by2 opinions
- Parke, Davis & Co. v. MewhirterSupreme Court of Minnesota · 1921
- Eckerson v. UtterDistrict Court, D. Idaho · 1934