Lorance v. Platt
Lorance v. Platt
Opinion of the Court
delivered the opinion of the court.
The title of Mrs. Platt to the lot in dispute was not a matter of controversy in the suit in the United States circuit court. There was no issue as to that. Her title was only incidentally involved. She was a party to that suit only in her character of creditor of the Kleins, who had attached their effects, and not as owner of the lot here sued for. The many creditors of the Kleins, who had levied attachments, and were brought into the suit in equity in the United States court, had nothing in common except that each was
Mrs. Platt was not concluded as to her title to the lot by the decree and subsequent proceedings under it.
Nor did the purchaser under that decree acquire the right to hold the lot as against her, for the very decree under which the claim is made recognized the right of Mrs. Platt to appropriate to her attachment the debt secured by mortgage, by which debt alone the Kleins held or could hold possession of the lot, and awarded this debt to her.
Affirmed.
Reference
- Full Case Name
- Martha Lorance v. Eiza L. Platt
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Degree. Res judicata. Estoppel. Mortgagee in possession. Case in judgment. Mrs. Platt, with her husband, executed a trust deed on her lot to Klein’s bank to secure his debt, and put it in possession to collect the rents. The bank failed, and numerous attachments were levied on its effects, and several upon this lot, among them one in favor of Duffin. Mrs. Platt also attached the bank for a debt due her, and garnished her husband. Subsequently by general bill all the attachment suits were brought into tire chancery court to avoid multiplicity and adjust the priorities. Mrs. Platt was a party, but no issue as to the title of this lot was made up. By final decree all the attached property was ordered sold to pay the attachments. Decree was also rendered against Platt as garnishee in favor of Mrs. Platt for his indebtedness to the bank. Duffin bought this lot at sale under the decree, and took possession. Mrs. Platt brought ejectment. Held, that she was not estopped by the chancery proceedings ; that Duffin acquired no title or right to possession, and she was entitled to recover. 2. Res Judicata. Doctrine stated. Parties to a suit are concluded only as to those matters which are of the essence of the cause, or so involved in the controversy that a decision of them would be decisive of the suit or of a material part thereof.