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Avery Vs. Popper

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  • US Supreme Court
  • Dec 03, 1900

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53 entries 7 linked 46 unlinked
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  1. Buck Vs. Colbath US Supreme Court · Jan 01, 1865
  2. Etheridge Vs. Sperry US Supreme Court · Mar 23, 1891
  3. Cooke Vs. Avery US Supreme Court · Jan 23, 1893
  4. Collier Vs. Stanbrough US Supreme Court · Jan 01, 1848
  5. Freeman Vs. Howe US Supreme Court · Jan 01, 1860
  6. Day Vs. Gallup US Supreme Court · Jan 01, 1864
  7. O'Brien Vs. Weld US Supreme Court · Jan 01, 1875
  8. U.S. 305 (1900) U.S. Supreme Court Avery v. Popper
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  9. U.S. 305 (1900) Avery v. Popper
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  10. but not against his wife, Mary E. Cook. This judgment was rendered in pursuance of the mandate of this Court in Cooke v. Avery
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  11. held to be invalid, the judgment reversed, and the case remanded by the court of civil appeals for a new trial. Avery v. Popper
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  12. imply the authority to take the Page 179 U. S. 309 fifty cows and calves from the larger number. Oxsheer. v. Watt
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  13. the true rule may be deduced. The question is analogous to the one decided at the last term of this Court in Blackburn v. Portland
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  14. Gold Mining Co., 175 U. S. 571 , and De Lamar's Nevada Gold Mining Co. v. Nesbitt
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  15. of a purchaser under a marshal's sale to others claiming the same property, the earliest is that of Collier v. Stanbrough
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  16. sale by the marshal was directly attacked, and the invalidity of plaintiff's title set up as a defense. In Erwin v. Lowry
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  17. who claimed as curator of the estate to which the property belonged. The question was the same as that in Collier v. Stanbrough
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  18. requirement in conduction the seizure and sale. The jurisdiction was also sustained in this case. In Clements v. Berry
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  19. suit in the state court, and justified under process from the federal court, jurisdiction was sustained in Freeman v. Howe
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  20. U. S. 266 , and Bock v. Perkins
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  21. U. S. 628 . In Day v. Gallup
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  22. federal court, had been decided, the money made on the execution and the debt paid. In commenting on that case in Buck v. Colbath
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  23. judgment of the federal court or the proceedings by the marshal under that judgment were directly attacked, but in Day v. Gallup
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  24. Gallup claimed under a sale of the goods which the attaching creditors insisted was a fraud. In Dupasseur v. Rocherau
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  25. was sustained because Dupasseur's title under that purchase was attacked by the other party. In McKenna v. Simpson
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  26. held that the case presented no federal question, and the writ of error was dismissed. Per contra, in O'Brien v. Weld
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  27. was against such authority, jurisdiction was sustained. Such was also the case in Factors' & Traders' Insurance Co. v. Murphy
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  28. court was in question, the authority of the court to direct a sale free from encumbrances being denied. In Stanley v. Schwalby
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  29. Railroad v. Long
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  30. notice of his rights to the purchaser of the mortgagor's interest -- following in these particulars Oxsheer v. Watt
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  31. Tex. 124. That this was no new doctrine in the State of Texas is also evident from the case of Elliott v. Long
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  32. Tex. 467, decided in 1890, three years before the property was sold upon execution in this case. See also Wofford v. McKinna
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  33. Tex. 46. We are referred to two cases which apparently conflict with these, Cleveland v. Williams
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  34. Tex. 212, and Moss v. Sanger
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  35. but if any such conflict existed, it was for the supreme court to settle it, as it seems to have done in Elliott v. Long
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  36. U.S. Supreme Court Avery v. Popper
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  37. Oxsheer. v. Watt
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  38. Blackburn v. Portland
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  39. and De Lamar's Nevada Gold Mining Co. v. Nesbitt
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  40. of Collier v. Stanbrough
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  41. In Erwin v. Lowry
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  42. In Clements v. Berry
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  43. and Bock v. Perkins
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  44. In Day v. Gallup
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  45. In Dupasseur v. Rocherau
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  46. In McKenna v. Simpson
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  47. Factors' & Traders' Insurance Co. v. Murphy
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  48. In Stanley v. Schwalby
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  49. of Elliott v. Long
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  50. Wofford v. McKinna
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