David v. Whitehead
Wyoming Supreme Court
Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. Action by Edward C. David against James R. Whitehead, Elizabeth Wilson and Edwin J. Smalley, as sheriff, to enjoin the foreclosure of a mortgage and the sale of certain real estate alleged to be owned by the plaintiff. The plaintiff claimed under a tax deed. The defendant Wilson claimed under a mortgage executed by her co-defendant Whitehead.
Read the full summary
Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. Action by Edward C. David against James R. Whitehead, Elizabeth Wilson and Edwin J. Smalley, as sheriff, to enjoin the foreclosure of a mortgage and the sale of certain real estate alleged to be owned by the plaintiff. The plaintiff claimed under a tax deed. The defendant Wilson claimed under a mortgage executed by her co-defendant Whitehead. Judgment was rendered for defendants, and plaintiff prosecuted error. The points involved and the material facts are stated in the opinion. Upon the conveyance of real property…
1Opinion of the Court
Corn, Chiee Justice.
Plaintiff in error brought this suit to enjoin the foreclosure of a mortgage and the sale of certain real estate described therein. It appears that defendant in error, Whitehead, prior to September 15, 1898, was the owner of the property, being- the patentee from the government. On that date plaintiff in error purchased the land at a sale for delinquent taxes, and he claims title by virtue of a tax deed issued to him by the County Treasurer. On February 13, 1901, Whitehead gave the mortgage in question to the defendant in error, Elizabeth Wilson, to secure the payment of…
2Cases cited3 opinions
- Snider v. CroyNew York Supreme Court · 1807
- Jackson ex dem. Hardenberg v. SchoonmakerNew York Supreme Court · 1807
- McMichael v. CarlyleWisconsin Supreme Court · 1881
3Cited by7 opinions
- Columbia Copper Mining Co. v. Duchess Mining, Milling & Smelting Co.Wyoming Supreme Court · 1905
- Perko v. Rock Springs Commercial Co.Wyoming Supreme Court · 1927
- Kennedy & Parsons Co. v. Lander Dairy & Produce Co.Wyoming Supreme Court · 1927
- Peterson v. SpaughWyoming Supreme Court · 1924
- Knutson v. DicksonSupreme Court of Colorado · 1939
2 more not listed; retrieve them via the Exa API.