(DOWNLOAD) "Miles v. Caldwell" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Miles v. Caldwell
- Author : United States Supreme Court
- Release Date : January 01, 1864
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Mr. Green, in support of the decree: Caldwell, being in possession, under a senior mortgage, had a right to stay. Even if the judgment on the note did not foreclose the mortgage, he had a release from Ely which gave him the equity of redemption. Admitting that the question of the payment of Gallagher's mortgage, and the good faith of that of Carswell and McClellan were in issue on the trial at law, what is there to prevent their being passed on here? The action was ejectment; a proceeding in which it is matter of common knowledge that one judgment never binds. Moreover, it is a rule that nothing will be held as concluded by the verdict which is not put in issue by the pleadings. Outram v. Morewood,2 confines the conclusiveness to questions expressly so put. [On the third ground assigned for relief–valuable improvements put on the land–Mr. Green made no remarks.]