Grosscup v. German Savings & Loan Society
U.S. Circuit Court for the District of Oregon
In Equity. On July 25. 1894, the German Savings & Loan Society instituted a suit to foreclose a mortgage given by defendants Van B. De Lashmutt and wife on the south two-tliirds of lot .‘5, block 22, in the city of Portland, with other realty, to secure a loan of $25,000. William L. Starr and Ills wife, Nannie Starr, were also made parties defendant. A little later, to wit, on August 13, 1894, upon tlie application of complainant in such suit.
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In Equity. On July 25. 1894, the German Savings & Loan Society instituted a suit to foreclose a mortgage given by defendants Van B. De Lashmutt and wife on the south two-tliirds of lot .‘5, block 22, in the city of Portland, with other realty, to secure a loan of $25,000. William L. Starr and Ills wife, Nannie Starr, were also made parties defendant. A little later, to wit, on August 13, 1894, upon tlie application of complainant in such suit. S. Goldsmith was appointed receiver under the following order: “Upon reading the bill of complaint and the affidavit of B. Goldsmith herein, and on…
1Opinion of the CourtWorverton, District Judge
(after stating the facts as above). Two questions are involved at this stage of the controversy, and these only were submitted at the argument: Eirst, whether, in a foreclosure proceeding, the court should entertain jurisdiction to determine relative to the fee-simple title of the realty mortgaged, alleged to be paramount to the title of the mortgagor, which, if found to be as alleged, will operate to defeat the mortgage; and, second, whether, while the realty mortgaged is in the hands of á receiver appointed under a foreclosure proceeding, with authority to enter into the possession of such…
2Cases cited21 opinions
- In Re TylerSupreme Court of the United States · 1893
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
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- Collier v. GormleySupreme Court of Georgia · 1933
- In re CochranDistrict Court, W.D. Washington · 1930
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