Lang v. Choctaw, Oklahoma & Gulf R.

Citations

• 160 F. 355
• 87 C.C.A. 307
• 1908 U.S. App. LEXIS 4193

Syllabus

<p>1. Ootjets — Conflict of Jurisdiction — Court which First Acquires Custody Excludes Jurisdiction of Others.</p> <p>The lawful custody of specific property by a court of competent jurisdiction withdraws that property, so far as necessary to accomplish the purpose of that custody and until that purpose is accomplished, from the jurisdiction of every other court.</p> <p>The court which first acquires the lawful jurisdiction of specific property by the seizure thereof, or by the due commencement of a suit, from which it appears that it is, or will become, necessary to a determination of the controversy involved or to the enforcement of its judgment or decree therein for the court to seize, to charge with a lien, to sell, or to exercise other like dominion over it, thereby withdraws that property from the jurisdiction of every other court so far as necessary to accomplish the purpose of the suit, and entitles that court to retain the control of it requisite to effectuate its final judgment or decree therein free from the interference of every other tribunal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, §§ 1386-1308.</p> <p>Jurisdiction as dependent on possession of the subject-matter, see note to Adams v. Mercantile Trust Go., 15 O. O. A. 8.]</p> <p>2. Same — Jurisdiction Includes Tower to Protect and Enforce Decrees and Titles Thereunder.</p> <p>The jurisdiction of specific property once lawfully acquired by a court by reducing it to its lawful custody in a suit or other proceeding before it includes the power to protect and effectuate its decrees or judgments therein and the titles of purchasers and others thereunder against attempts to annul or impair them by proceedings in other courts or elsewhere, and a court may lawfully retain jurisdiction after its surrender of its possession of the property for that purpose.</p> <p>[Ed. Note. — Supplementary and ancillary proceedings and relief in federal courts, see note to Toledo, St. L. & K. O.