Walker v. Dreville
Cases that cite this one
16 later published cases cite this decision.
- United States v. Brown (7th Cir. 1940)
- Pesquera v. United States (1st Cir. 1926)
- United States Fidelity & Guaranty Co. v. Shirk (Court Of Appeals Of Indian Territory 1907)
- Highland Boy Gold Min. Co. v. Strickley (8th Cir. 1902)
- Fleitas v. Richardson (Supreme Court of the United States 1893)
- Hesse v. Ledesma (District Court, D. Puerto Rico 1915)
- Pierce v. United States (D.C. Cir. 1911)
- Kelley v. McCombs (Okla. 1909)
- Behn v. Campbell (Supreme Court of the United States 1905)
- Bessette v. W. B. Conkey Co. (Supreme Court of the United States 1904)
- Nelson v. Lowndes County (5th Cir. 1899)
- Muhlenberg County v. Dyer (6th Cir. 1895)
- Stevens v. Clark (7th Cir. 1894)
- Idaho & Oregon Land Improvement Co. v. Bradbury (Supreme Court of the United States 1889)
- Hayward v. Andrews (Supreme Court of the United States 1883)
- Hennessy v. Sheldon (Supreme Court of the United States 1871)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
having stated the case in the way above given, delivered the opinion of the court.
Tire pleading, the orders, and the decree of the court, show, we think, so as to need no further argument to a mind familiar with the principles of equity jurisprudence, that the procedure is in its essential nature a foreclosure of a mortgage in chancery. It has all the essential qualities of such a suit, and it has none which is not usual and appropriate in such a proceeding. It is true that there is a personal judgment against defendant, but the niuety-second rule of equity practice prescribed by this court clearly authorizes such a judgment in foreclosure cases. It is the precise mode of foreclosing mortgages adopted in many of the States under their codes, and in all of them, when there is r separate chancery docket, such proceedings are classed among the chancery causes.
We have so often decided that notwithstanding the peculiarities of the Civil Code of Louisiana, the distinctions between law and equity must be preserved in the Federal courts, and that equity causes from that circuit must come here by appeal, and common law causes by writ of error, that we'cannot now depart from that rule without overruling numerous decisions and a well-settled course of practice. *
*443 The present case being a proceeding in equity brought here by writ of error, and not by appeal, the writ roust be
.Dismissed. .
San Pedro, 2 Wheaton, 132; McCollum v. Eager, 2 Howard, 61; Minor v. Tillotson, Ib. 392; Surgett v. Lapice, 8 Id. 48; Brewster v. Wakefield, 22 Id. 118; Thompson v. Railroad Companies, 6 Wallace, 134.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.