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· 5/14/1888

Calhoun v. Lanaux

Citations

  • 127 U.S. 634
  • 8 S. Ct. 1345
  • 32 L. Ed. 297
  • 1888 U.S. LEXIS 2027

Syllabus

<p>The appointment by a Circuit Court of the United States of a receiver of a corporation organized under the laws of a State does not deprive a court of the State of jurisdiction to hear and determine an application for a mandamus directing a recorder of mortgages in the State to cancel and erase from the books of his office an inscription against property of the petitioner in favor of the corporation, the petition describing it as a-mortgage on real estate, and setting forth the interest of the corporation.</p> <p>This court questions the opinion of the Supreme Court of Louisiana that the Circuit Court of the United States would have no authority to order the erasure of an incumbrance from a mortgage book within the State.</p> <p>The copies of orders made in this cause by the Circuit Court of the State after the entry of the final judgment to which the writ of error from the Supreme Court of the State was directed, although annexed to the petition for that writ, were too late in the cause to constitute a ground for importing a federal question into it.</p>

Judges: Bradley

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