John Catron

Name: Erwin v. Lowry — Opinion of the Court
Author: John Catron

Summary

“Erwin v. Lowry — Opinion of the Court”, is a work by John Catron. It explores elements such as the United States, sale and James Erwin.

Quotes from Erwin v. Lowry — Opinion of the Court (John Catron)

John Catron, Erwin v. Lowry — Opinion of the Court

“ Five years is the time allowed for prosecuting appeals to and writs of error out of this court, and in many cases decrees and judgments are executed before any step is taken to bring the case here; yet in no instance within our knowledge has an appeal or writ of error been dismissed on the assumption that a release of errors was implied from the fact that money or property had changed hands by force of the judgment or decree. If the judgment is reversed, it is the duty of the inferior court, on the cause being remanded, to restore the parties to their rights. ”

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Source: Wikisource

John Catron, Erwin v. Lowry — Opinion of the Court

“ Bemiss, that, where a lien existed on property by a special mortgage before the debtor's death, and the property passed by death and succession, with the lien attached, into the hands of a curator, and was in the course of administration in the Probate Court, the Circuit Court of the United States had jurisdiction, notwithstanding, to proceed against the property, and to enforce the creditor's lien, and to decree a sale of the property, and that such sale was valid. ”

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Source: Wikisource

John Catron, Erwin v. Lowry — Opinion of the Court

“ And we take the rule to be, that although a decree in equity is fully executed, at the instance of the successful party, he cannot complain of his own voluntary acts, if he does perform a condition imposed upon him before he can have the fruits of the decree, although the other party derives a benefit from such performance. If it was otherwise, a writ of error in such a case as the present, or an appeal in equity, might be defeated after the writ of error or appeal was sued out, where there was no supersedeas ”

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Source: Wikisource

John Catron, Erwin v. Lowry — Opinion of the Court

“ On the said 6th day of July, 1840, I repaired to the premises aforesaid, and after the appraisers, James Brooks and Jesse Couch, duly qualified citizens of Louisiana, selected by the plaintiff and defendant in this case for that purpose, were duly sworn, they proceeded to appraise the said land and forty-four of the negroes in this order of seizure and sale, and the same conveyed by deed from the marshal to the purchaser, bearing date the 7th of July, 1840, and of record of this court. ”

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Source: Wikisource

John Catron, Erwin v. Lowry — Opinion of the Court

“ The suit was commenced in 1841, by petition, which alleges that about July, 1840, one James Erwin, illegally, and by fraud and collusion, and without any legal title thereto, took possession of all the above described property, and is still in possession of the same, has appropriated and wrongfully converted to his own use all the fruits and revenues of said property, and pretends to be the owner thereof, and refuses to deliver to the petitioner the possession. ”

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Source: Wikisource

John Catron, Erwin v. Lowry — Opinion of the Court

“ In August, 1844, Lowry paid over the money to the sheriff of the parish of Madison; and the sheriff paid it over to Erwin in November, 1844. The writ of error was sued out in May, 1845; and there accompanied the record an assignment of errors. The defendant in error now comes forward, and asks to have the writ of error dismissed on production of a copy of Erwin's receipt to the sheriff, on the ground that, by receiving the money, Erwin released the errors complained of. ”

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Source: Wikisource

John Catron, Erwin v. Lowry — Opinion of the Court

“ In the case before us, the record on its face was perfect, and evidence was let in to contradict and to overthrow it, which we deem to be wholly inadmissible in any collateral proceeding. Hector McNeill was estopped to deny the fact ”

John Catron

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