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Mills v. Smith

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


June 28, 1940

MILLS
v.
SMITH ET AL.

On Petition for Rehearing.

The decree of the District Court is reversed with directions to the District Court to enter a decree wherein it expressly adjudges that the plaintiff has a valid lien upon the property purchased by the Northern Indiana Railway, Inc., for the amount of his judgment; that the said judgment is a valid adjudication against the parties defendant in this proceeding; that the appellant has not been guilty of laches; that plaintiff may proceed to enforce his judgment in the United States District Court if consent be granted by the Indiana State Circuit Court, and in case such consent is not given, said plaintiff may proceed and is authorized to proceed in said state court as fully as he could in this court to enforce his said judgment lien against the property of the Northern Indiana Railway, Inc., and for any other rights which he may have by virtue of his judgment as determined and established by this court, as well as the lien which was created by said judgment and the judgment of this court by this decree; and for any other relief consistent with the views expressed in this opinion.

It is further adjudged that plaintiff recover his costs on this appeal.

19400628

© 1998 VersusLaw Inc.



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