Edwards v. Hill
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United Stales for the District of Kansas. In Equity. Suit by Hiram G. Hill and others, executors of Hiram Hill, deceased, against James G. Sands and wife, and others, to foreclose a mortgage made by defendants Sands and wife to said Hiram Hill. Decree for complainants. Defendant Charles D. Edwards, the assignee for benefit of creditors of the mortgagor, Sands, appeals therefrom.
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Appeal from the Circuit Court of the United Stales for the District of Kansas. In Equity. Suit by Hiram G. Hill and others, executors of Hiram Hill, deceased, against James G. Sands and wife, and others, to foreclose a mortgage made by defendants Sands and wife to said Hiram Hill. Decree for complainants. Defendant Charles D. Edwards, the assignee for benefit of creditors of the mortgagor, Sands, appeals therefrom. Statement by CALDWELL, Circuit Judge: On the 1st day of July, 1887, James G. Sands and Susie E. Sands, bis wife, executed and delivered to Hiram Hill, then and' thereafter, until…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the facts as above,' delivered the opinion of the court.
The contention of the appellant is that the appellees should have brought their suit to foreclose the mortgage in the state court having jurisdiction of the assigned estate of the mortgagor, or that, at the least, they should have obtained from that court leave to sue in the federal court. Stated in another form, the contention of the appellant is that when a debtor living in Kansas, who has previously mortgaged his real estate in that state to a citizen of another state, makes a voluntary assignment…
2Cases cited17 opinions
- Payne v. HookSupreme Court of the United States · 1869
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- Chicot County v. SherwoodSupreme Court of the United States · 1893
- Ellis v. DavisSupreme Court of the United States · 1883
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3Cited by3 opinions
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