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· 10/21/1911

Hardin v. Union Trust Co. of Philadelphia

Citations

  • 191 F. 152
  • 111 C.C.A. 632
  • 1911 U.S. App. LEXIS 4920

Syllabus

<p>1. Courts (§ 493*) — Federal and State Courts — Priority of Jurisdiction.</p> <p>Where a state court has assumed jurisdiction of a suit to establish and foreclose liens on real property, and has determined the validity and priority of liens thereon and ordered a sale, so long as its decree remains unexecuted; the property is in the custody of such court, and a federal court is precluded by the rule of comity from entertaining a suit to enforce liens against it.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 1346-1353; Dec. Dig. § 493*</p> <p>Conflict of jurisdiction of federal court with state court, see note to Louisville Trust Co. v. City of Cincinnati, 22 C. C. A. 356-1</p> <p>2. Appear akd Error (§ 1001*) — Review—Findings of Fact.</p> <p>A decree of a federal court, sustained by findings of fact which there is evidence to support, will not be reviewed by an appellate court.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 8928-3934; Dec. Dig. § 1001.*]</p>

Judges: Amidon

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