Hershfield v. Griffith - 85 U.S. 657 (1873)
U.S. Supreme Court
Hershfield v. Griffith, 85 U.S. 18 Wall. 657 657 (1873)
Hershfield v. Griffith
85 U.S. (18 Wall.) 657
The preceding case affirmed, the case here having been a proceeding to obtain satisfaction of a mortgage.
Griffith sued Starr in one of the district territorial courts of Montana on a mortgage on certain property, the suit being brought under the Civil Practice Act, quoted in the preceding case, an act passed under circumstances there set forth, and which it is necessary for the reader to possess himself of in order to understand at all this case. One Hershfield intervened, asserting that he had a mortgage on the property of a date prior to that sued on by Griffith. The court gave judgment in favor of Griffith, and Hershfield took the case to the supreme court of the territory, which affirmed the judgment below. Hershfield now brought the case here by appeal, assigning among other errors the blending of equity and common law jurisdiction.