United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hunt v. Oliver, 109 U.S. 177 (1883)

¥Hunt v. Oliver

¥Argued October 22, 1883

¥Decided November 5, 1883

¥109 U.S. 177

Syllabus

A mortgaged real estate to B, C, and D, including the south half of a fractional section. Two years later, B assigned his interest in the mortgage to C and D, and took from A, who was embarrassed, a conveyance of all his property, including the other half of the fractional section. This was done

to aid A in disposing of his property and paying his debts. It was found in the decree below that it was for the joint benefit of B and his co-mortgagees. The mortgaged property was purchased by C at foreclosure sale. A brought suit against B, C, D, and others in possession, to redeem all the estate conveyed to B. An accounting showed a balance due A. Execution was ordered directing the defendants to surrender the lands. B and C appealed, giving security for a supersedeas. A applied for a writ of assistance putting him in possession of the north half. The court below granted the writ. On application to this Court to stay the writ of assistance, held that the writ of supersedeas should issue.

The facts appear in the opinion of the Court.