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Johns Vs. Wilson
Cites for this judgment
- US Supreme Court
- Mar 01, 1901
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U.S. 440 (1901) U.S. Supreme Court Johns v. WilsonSearch
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U.S. 440 (1901) Johns v. WilsonSearch
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hearing upon pleadings and proof, a judgment was rendered setting aside the sale had in the foreclosure suit of Wilson v. ArmstrongSearch
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upon the agreement in his deed from Armstrong to pay this mortgage. In the first decree rendered in the suit of Wilson v. ArmstrongSearch
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we think the decisions of this Court have practically removed it from the domain of controversy. In National Bank v. GrandSearch
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was held after full examination of the authorities first that the mortgagee could not sue at law, citing National Bank v. GrandSearch
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Lodge, 98 U. S. 123 , and Cragin v. LovellSearch
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the principal debtor, and the liability of the vendor, as between the parties, is that of surety. In Willard v. WoodSearch
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and that, in the District of Columbia, such remedy was by bill in equity only. In Union Mutual Life Ins. Co. v. HanfordSearch
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The Court restated the rule laid down in Willard v. WoodSearch
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the assent of the grantor, discharged the latter from personal liability. It was held that it did, citing Shepherd v. MaySearch
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between suits at law and in equity, we see no reason to doubt that this action will lie. Indeed, in Williams v. NaftzgerSearch
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may be rendered against him as well as against the mortgagor, for the amount of such deficiency, citing Keller v. AshfordSearch
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and the mortgagor is surety. This view is thus concisely stated by MR. JUSTICE GRAY in Union Mutual Life Ins. Co. v. HanfordSearch
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were insufficient to pay the judgment. This, too, was the language of the order of sale. In the case of Biddel v. BrizzolaraSearch
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State Bank v. AbbottSearch
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Stackpole v. RobbinsSearch
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Shirk v. AndrewsSearch
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Brackett v. BanegasSearch
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Morey v. DuluthSearch
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Benedict v. GilmanSearch
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Georgia Pacific Railroad v. WalkerSearch
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than an only remedy, and a failure to pursue this course ought not to debar him from resorting to another bill. White v. SecorSearch
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Bottineau v. AetnaSearch
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Rogers v. BentonSearch
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Foster v. JohnsonSearch
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Moulton v. CornishSearch
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Dodge v. OmahaSearch
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U.S. Supreme Court Johns v. WilsonSearch
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of Wilson v. ArmstrongSearch
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In National Bank v. GrandSearch
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National Bank v. GrandSearch
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and Cragin v. LovellSearch
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In Willard v. WoodSearch
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In Union Mutual Life Ins. Co. v. HanfordSearch
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Williams v. NaftzgerSearch
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of Biddel v. BrizzolaraSearch
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White v. SecorSearch
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Willard v. WoodSearch
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