Moelle v. Sherwood

Citations

• 148 U.S. 21
• 13 S. Ct. 426
• 37 L. Ed. 350
• 1893 U.S. LEXIS 2202

Syllabus

<p>Where no appeal lies from a decree of a Circuit Court to this court, the Circuit Court may, under the 88th rule in equity, allow a petition for a rehearing, and may rehear the cause after the adjournment of the court for the term in which the original decree was rendered.</p> <p>After such a petition is filed, and a hearing had on it in the court below, it is too late to file affidavits and to claim that the amount in controversy exceeded the jurisdictional sum, so that an appeal could have been taken.</p> <p>The receipt of a quit claim deed does not of itself prevent a party rrom becoming a bona fide holder; and the doctrine expressed in many cases , ■, that the grantee in such a deed cannot be treated as & bonafide purchaser . does not rest upon any sound principle.</p>