United States Supreme Court Cases & Opinions

U.S. Supreme Court

Orvis v. Powell, 98 U.S. 176 (1878)

Orvis v. Powell

98 U.S. 176

Syllabus

1. Where lands have been mortgaged, and parcels thereof subsequently sold at different times to different purchasers, the order in which such parcels shall be subjected to the satisfaction of the mortgage is, where the rule is established by a statute or by the decisions of the courts of the state where the lands lie, a rule of property binding on the courts of the United states sitting in that state.

2. In Illinois, the rule has been established by the supreme court of that state, in Iglehart v. Crane, 42 Ill. 261, that the parcels first sold should be last subjected to the satisfaction of the mortgage.

3. The decision in Brine v. Insurance Company, 96 U. S. 627, that the decree of the circuit court of the United states sitting in Illinois, in a suit to foreclose a mortgage of lands in that state, must give effect to the equity of redemption after sale, as provided by the statutes of that state, reaffirmed.

The facts are stated in the opinion of the Court.