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JOHNSON V. CHRISTIAN, 125 U. S. 642 (1888)

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U.S. Supreme Court

Johnson v. Christian, 125 U.S. 642 (1888)

Johnson v. Christian

No. 195

Submitted April 2, 1888

Decided April 18, 1888

Decree vacated May 14, 1888

125 U.S. 642


In a suit in equity in a circuit court to obtain a release of land from liability under a deed of trust, the plaintiff had a decree. On an appeal to this Court by the defendant, no evidence of the jurisdiction of the circuit court on the ground of citizenship was found in the record. This Court reversed the decree with costs and remanded the case for further proceedings.

The decree reversing the decree of the circuit court in this case on the ground that the record contained no evidence of the jurisdiction of that court was then vacated because the record showed that the suit was brought to restrain the enforcement of a judgment in ejectment recovered in the same circuit court.

Bill in equity. The prayer of the bill was that the complainants

"may have the order and decree of the court releasing

Page 125 U. S. 643

their said lands from further responsibility under the said original deed of trust from James F. Robinson to Lycurgus L. L. Johnson, and the cloud upon their title to said lands and premises by virtue of the sale and purchase by defendant of their said lands and premises at the sale made by I. L. Worthington and Theodore Johnson, as executors, &c., as aforesaid, be removed, and that the pretended deed made to the defendant at such sale for the lands of complainants be decreed to be delivered up and cancelled, and that in the meantime complainants may have a temporary restraining order, issuing out of and under the seal of this court, enjoining and restraining defendant -- enforcing or attempting to enforce his judgment in ejectment against said lands until the further order of the court, and that at the final hearing hereof said injunction be made perpetual,"

and for further relief.

The decree was in the complainants' favor, from which the respondent appealed. The case is stated in the opinion.

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