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Avery Vs. Popper
Cites for this judgment
- US Supreme Court
- Dec 03, 1900
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U.S. 305 (1900) U.S. Supreme Court Avery v. PopperSearch
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U.S. 305 (1900) Avery v. PopperSearch
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but not against his wife, Mary E. Cook. This judgment was rendered in pursuance of the mandate of this Court in Cooke v. AverySearch
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held to be invalid, the judgment reversed, and the case remanded by the court of civil appeals for a new trial. Avery v. PopperSearch
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imply the authority to take the Page 179 U. S. 309 fifty cows and calves from the larger number. Oxsheer. v. WattSearch
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the true rule may be deduced. The question is analogous to the one decided at the last term of this Court in Blackburn v. PortlandSearch
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Gold Mining Co., 175 U. S. 571 , and De Lamar's Nevada Gold Mining Co. v. NesbittSearch
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of a purchaser under a marshal's sale to others claiming the same property, the earliest is that of Collier v. StanbroughSearch
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sale by the marshal was directly attacked, and the invalidity of plaintiff's title set up as a defense. In Erwin v. LowrySearch
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who claimed as curator of the estate to which the property belonged. The question was the same as that in Collier v. StanbroughSearch
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requirement in conduction the seizure and sale. The jurisdiction was also sustained in this case. In Clements v. BerrySearch
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suit in the state court, and justified under process from the federal court, jurisdiction was sustained in Freeman v. HoweSearch
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U. S. 266 , and Bock v. PerkinsSearch
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U. S. 628 . In Day v. GallupSearch
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federal court, had been decided, the money made on the execution and the debt paid. In commenting on that case in Buck v. ColbathSearch
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judgment of the federal court or the proceedings by the marshal under that judgment were directly attacked, but in Day v. GallupSearch
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Gallup claimed under a sale of the goods which the attaching creditors insisted was a fraud. In Dupasseur v. RocherauSearch
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was sustained because Dupasseur's title under that purchase was attacked by the other party. In McKenna v. SimpsonSearch
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held that the case presented no federal question, and the writ of error was dismissed. Per contra, in O'Brien v. WeldSearch
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was against such authority, jurisdiction was sustained. Such was also the case in Factors' & Traders' Insurance Co. v. MurphySearch
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court was in question, the authority of the court to direct a sale free from encumbrances being denied. In Stanley v. SchwalbySearch
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Railroad v. LongSearch
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notice of his rights to the purchaser of the mortgagor's interest -- following in these particulars Oxsheer v. WattSearch
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Tex. 124. That this was no new doctrine in the State of Texas is also evident from the case of Elliott v. LongSearch
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Tex. 467, decided in 1890, three years before the property was sold upon execution in this case. See also Wofford v. McKinnaSearch
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Tex. 46. We are referred to two cases which apparently conflict with these, Cleveland v. WilliamsSearch
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Tex. 212, and Moss v. SangerSearch
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but if any such conflict existed, it was for the supreme court to settle it, as it seems to have done in Elliott v. LongSearch
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U.S. Supreme Court Avery v. PopperSearch
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Oxsheer. v. WattSearch
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Blackburn v. PortlandSearch
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and De Lamar's Nevada Gold Mining Co. v. NesbittSearch
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of Collier v. StanbroughSearch
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In Erwin v. LowrySearch
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In Clements v. BerrySearch
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and Bock v. PerkinsSearch
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In Day v. GallupSearch
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In Dupasseur v. RocherauSearch
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In McKenna v. SimpsonSearch
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Factors' & Traders' Insurance Co. v. MurphySearch
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In Stanley v. SchwalbySearch
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of Elliott v. LongSearch
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Wofford v. McKinnaSearch
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