258 F. 611 | 8th Cir. | 1919
A. C. Houston, a citizen of Kansas, sued Richard D. Harlan, a citizen of Illinois and executor of the will of Phineas Prouty, deceased, for an accounting by the latter as a mortgagee in possession of a tract of land in Lyon county, Kan., and for the enforcement of a right of redemption. Plaintiff began the suit in a state court in Kansas, and defendant removed it to the court below upon the ground of diversity of citizenship. Defendant asserted title to the land through a suit in-the state court to foreclose the mortgage commenced in 1894, completed in 1895, and resulting in a judgment, foreclosure sale, and a shériff’s deed in which he, the defendant, was grantee. With an exception that need not be detailed, the defendant has been in possession of the land under the sheriff’s deed ever since 1896.’ J. G. Hutchison, who claimed an interest in the land, intervened and objected to the jurisdiction of the trial court. . The trial court denied the objection of the intervener, held that the foreclosure sale and sheriff’s deed to defendant were invalid, and awarded plaintiff the right of redemption with an accounting. The defendant appealed. The questions involved are of the court’s jurisdiction, the plaintiff’s right of redemption, and the terms of the accounting.
There are some other matters, including defenses of laches and limitation, but we do not think the court erred in regard to them.
The decree is affirmed.