Robert Cooper Grier

Name: Sheldon v. Sill — Opinion of the Court
Author: Robert Cooper Grier

Summary

“Sheldon v. Sill — Opinion of the Court”, is a work by Robert Cooper Grier. It explores elements such as the Circuit Court, the United States and mortgage.

Quotes from Sheldon v. Sill — Opinion of the Court (Robert Cooper Grier)

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ Where does Congress get the power or authority to deprive the courts of the United States of the judicial power with which the Constitution has invested them? Congress may create the courts, but they are clothed with their powers by the Constitution, and we submit that the provision of the act of Congress materially conflicts with the provisions of the Constitution, and is void. It has been settled, that an act of Congress, enlarging the jurisdiction of the Supreme Court beyond the terms of the Constitution, is void. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ A mortgage is a conveyance of the fee simple of real estate, liable to be defeated subsequently by payment of money, to secure the payment of which it was made. It is in no sense a chose in action, which is a thing in action, a right of action, a thing recoverable in action, a debt, a demand, a promissory note, a right to recover damages. A chose in action was originally a right of action not assignable at law. It was a cause of suit for a debt due or a wrong. The bond with the mortgage may be a chose in action; but the estate conveyed by the mortgage is not. It is a realty. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ This proves that an assignment of the debt will not confer jurisdiction.
If we grant that he could sue in ejectment at law as assignee of the mortgage, the question would still remain, how should he be viewed when suing in equity for his money, and not for the land, and on both the bond and mortgage?
Finally, we ask particular attention to the effect upon the rights of the mortgagee produced by the statute of Michigan, forbidding him to bring ejectment before foreclosure and sale. How emphatically does it reduce his claim to a chose in action. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ A deed of land is not a chose in action. A writer on the jus mariti, after informing his readers that the husband might dispose of his wife's choses in action, will hardly need to add that this did not include her 'deeds for real estate.'
5th. The transferee of a bond and mortgage is usually termed an assignee, and therefore is within the act. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ But on the death of the mortgagee, the debt secured by the mortgage will be assets in the hands of his executor, and although the technical legal estate may descend to his heir, it can be used only for the purpose of obtaining satisfaction of the debt. The heir will be but a trustee for the executor. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ Sill, the complainant below, a citizen of New York, filed his bill in the Circuit Court of the United States for Michigan, against Sheldon, claiming to recover the amount of a bond and mortgage, which had been assigned to him by Hastings, the President of the Bank of Michigan. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ That both proceedings grow out of the same transaction proves nothing; because there may be two remedies for one debt, in one of which the Federal court has jurisdiction, and not in the other.
The indorsee of a note may sue on a direct promise to him by the maker, when he could not sue as indorsee. 5 How., 278.
The assignment of the mortgage, without an assignment of the debt, is a nullity. 2 Cow. (N. Y.) , 23. While an assignment of the debt carries with it the interest in the land. 2 Gall., 155. In this case, an assignee of the bond alone could not sue on it in this court. ”

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Source: Wikisource

Robert Cooper Grier, Sheldon v. Sill — Opinion of the Court

“ Yet, even there, he is considered as having but a chattel interest, while the mortgagor is treated as the true owner. The land will descend to the heir of the mortgagor. His widow will be entitled to dower. ”

Robert Cooper Grier

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