Lovell v. Gragin
Citations
- 136 U.S. 130
- 10 S. Ct. 1024
- 34 L. Ed. 372
- 1890 U.S. LEXIS 2205
Syllabus
<p>When the matter set up in a cross-bill is directly responsive to the averments in the bill, and is directly connected with the transactions which are set up in the bill as the gravamen of the plaintiff's case, the amount claimed in the cross-bill may be taken into consideration in determining the jurisdiction of this court on appeal from a decree on the bill.</p> <p>In Louisiana the holder of one or more of a scries of notes, secured by a concurrent mortgage of real estate, is entitled to a pro rata share in the net proceeds, arising from a sale of the mortgaged property, at the suit of a holder of any of the other notes, and an hypothecary action lies to enforce such claim, based upon the obligation which the law casts upon the purchaser to pay the pro rata share of the debt represented by the notes that were not the subject of the foreclosure suit.</p> <p>Such obligation, cast by law upon the purchaser, partakes of the nature of a judicial mortgage, and, in order to be effective as to third persons, (i.e. persons who are not parties to the act or the judgment on which the mortgage is founded,) it must be inscribed with the recorder of mortgages, and no lien arises until it is so registered.</p> <p>Under the laws of Louisiana a claim for damages arising from alleged wrongful acts of a party with respect to removing personal property from a plantation while he had possession of it, and for waste committed by him about the same time, are quasi-offences, and are prescribed in one year.</p> <p>It appearing that the subject of the controversy in this case is identical with that which was before the court in an action at law at October term, 1883, in Cragin v. Lovell, 109 U. S. 194, and that the parties are the same, and that the court then held that “ the petition shows no privity between the plaintiff and Cragin,” and “ alleges no promise or contract by Cragin to or with the plaintiff: ” Held, that while the plea of res judicata is not strictly applicable, the court
Judges: Lamar
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12 cases in this archive cite this case.
- Kirby v. American Soda Fountain Co.Supreme Court· 1904-04-25· cited 58×
- Jiménez v. ReilySupreme Court of Puerto Rico· 1922-06-01· cited 16×
- Price & Hart v. T. J. Ellis & Co.U.S. Circuit Court for the District of Eastern Arkansas· 1904-04-11· cited 15×
- Nalle v. YoungSupreme Court· 1896-01-20· cited 8×
- Railroad & Warehouse Commission ex rel. East Side Packing Co. v. Vandalia RailroadIllinois Supreme Court· 1913-04-19· cited 6×
- Rudder v. Ohio State Life Insurance CompanyE.D. Kentucky· 1962-09-07· cited 5×
- First Guaranty Bank & Trust Co. v. ReevesM.D. Florida· 2000-02-11· cited 3×
- American Trading Co. v. MonserratSupreme Court of Puerto Rico· 1913-06-28· cited 1×
- American Trading v. MonserratSupreme Court of Puerto Rico· 1913-06-28· cited 1×
- Johanson v. SondheimD. Alaska· 1910-10-10
- American Trading Co. v. QuevedoSupreme Court of Puerto Rico· 1913-06-28
- Baltimore & O. Ry. Co. v. Pittsburgh, C. & St. L. Ry. Co.U.S. Circuit Court for the District of Southern Ohio· 1893-05-10
Cites
11 cases in this archive are cited by this case.
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court· 1876-02-21· cited 149×
- Alley v. NottSupreme Court· 1884-04-21· cited 87×
- Cragin v. LovellSupreme Court· 1883-11-12· cited 58×
- Pepper v. DunlapSupreme Court of Louisiana· 1840-10-15· cited 31×
- Life Insurance v. BangsSupreme Court· 1881-05-18· cited 18×
- Ballance v. ForsythSupreme Court· 1861-03-14· cited 8×
- Johnson v. DuncanSupreme Court of Louisiana· 1872-05-15· cited 6×
- Soniat v. MilesSupreme Court of Louisiana· 1880-02-15· cited 6×
- Ford v. TildenSupreme Court of Louisiana· 1852-09-15· cited 4×
- Kemp v. Heirs of CorneliusSupreme Court of Louisiana· 1859-04-15· cited 3×
- Smith v. JohnsonSupreme Court of Louisiana· 1883-07-15· cited 3×
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