Watkins v. Pierson
Watkins v. Pierson
Opinion of the Court
The opinion of the-court was delivered by
This was an action brought by Charles G. Pierson in the district court of Franklin county upon a note and mortgage given by Timothy Xerney. Plaintiffs in error, John Watkins and Queen Watkins, and defendants in error C. C. Elkins and the Mutual Benefit Life Insurance Company, were also made defendants in said action. It was tried before the court, and a decree rendered- adjudging that John Watkins was the' legal owner of the land in controversy, and that his grantor was the legal owner at the date of the execution and delivery of the several mortgages in question in the case. The court also found certain sums due to Charles G. Pierson, the Mutual Benefit Life Insurance Company and C. C. Elkins from Timothy Xerney, upon certain notes and mortgages executed by Timothy Xerney to said parties, in the order named, • said mortgages having been given upon the real estate which the court adjudged was the property of John Watkins. The court further found that said John Watkins had recovered a judgment in an action in the nature of ejectment against said Timothy Kerney in the circuit court of the United State's for the district of Kansas, and that in said action said Timothy Xerney claimed certain amounts due him for
The court decreed that the defehdants in error, Pier-son, Elkins, and "the Mutuap'Benefit Life Insurance Company, were entitled to have their claims paid so far -as possible out of the moneys found due from Watkins to Kerney for taxes and-improvements, and that, if the said Watkins should fail' to make payment for taxes and improvements, and by reason of such failure the right of Watkins should be barred in said real estate, or if by the order of the United States circuit court said land should be' sold to''satisfy the lien or claim of Kerney'for taxes and improvements, and should be bought in by Kerney, or any one for him, then, in that case, his title should inure to the benefit of the three incumbrancers above named, and that thereafter an order of sale should issue directing the sheriff of Franklin county to sell the real estate in question according to law, and, out of the proceeds, after the payment of the costs of this action, satisfy the judgments of said incumbrancers. The plaintiffs in error excepted to this decree and are here complaining of the same. They contend that it was beyond the jurisdiction of the district court of Franklin county to make such a decree, and that the same attempts to interfere with, and usurp, the powers of the federal court which rendered the decree in the action in ejectment between Watkins and Kerney.
After a careful examination of the record, as well as the decree made in this case, we are clearly of the opinion that this decree should stand. It appears from the record that the defendant Kerney had been
Nor do we see how this decree is in violation of article 3 of the constitution of the United States, for it in no manner attempts to interfere with United States courts, or with any order made by any of them. This was an equitable proceeding, and the powers of a court of equity will be exercised to' their fullest extent to protect the rights of all parties who
The judgment of the district court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.