Shoecraft v. Bloxham

Citations

• 124 U.S. 730

Syllabus

<p>A suit to enforce the performance of a contract is a suit to recover the contents of a chose in action, within the meaning of § 629 of the Revised Statutes.</p> <p>A deed of trust, in the nature of a mortgage, set out in full a contract between the mortgagor and certain parties for the conveyance of several parcels of land to him, and then conveyed to the mortgagee all the right, title, and interest which he, the mortgagor, had, or might thereafter acquire, “ in and to ” the lands embraced by the contract: Held, that the conveyance was in legal effect an assignment of the contract; and that the assignee could not maintain, a suit for the enforcement of this contract in the Circuit. Court of the United States, under § G29 of the Revised Statutes, if the assignor could not have maintained the suit in such Circuit Court if no assignment had been made.</p>