Missouri Trust Company v. Krumseig

In May, 1894, Theodore M. Krumseig and Louise Krumseig filed in the district court of the Eleventh judicial district of Minnesota a bill of complaint against the Missouri, Kansas & Texas Trust Company, a corporation of the state of Missouri, praying that, for reasons alleged in the bill, a certain mortgage made by complainants on the 5th day of September, 1890, and delivered to the defendant, and by it recorded, and certain notes therein mentioned, might be canceled, and the defendant be permanently enjoined from enforcing the same. The defendant thereupon, by due proceedings, removed the cause to the circuit court of the United States for the district of Minnesota, where the Union Trust Company of Philadelphia was made a co-defendant, and the case was so proceeded in that, on October 22, 1895, a final decree was entered, granting the prayers of the complainants, declaring the said mortgage and notes to be void, and enjoining the defendants from ever taking any action or proceeding for their enforcement. 71 Fed. 350.

From this decree an appeal was taken to the circuit court of appeals for the Eighth circuit, where, on November 5, 1896, the decree of the circuit court was affirmed. 23 C. C. A. 1, 77 Fed. 32. On March 20, 1897, on petition of the Missouri, Kansas & Texas Trust Company, a writ of certiorari was awarded, whereby the record and proceedings in said cause were brought for review into this court.

Wm. C. White, for petitioner.

J. B. Richards, for respondent.

Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.