Campbell v. Murdock

90 F.Supp. 297 (1950)

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Campbell v. Murdock

United States District Court for the Northern District of Ohio
90 F.Supp. 297 (1950)

Facts

Campbell (plaintiff) expended considerable labor and materials to improve Murdock’s (defendant) land pursuant to a contract that required Murdock to pay Campbell for the improvements. Campbell did not receive payment, and brought this foreclosure action in the United States District Court for the Northern District of Ohio to enforce a lien on the land and seeking a personal judgment against Murdock for the debt. The court’s jurisdiction was based on diversity of citizenship and the provisions of 28 U.S.C.A. § 1655, which authorizes in rem jurisdiction over land located within the court’s district. Murdock made a special appearance to challenge the court’s jurisdiction and moved to dismiss the action because the district court lacked the authority to make a personal judgment against her. Murdock also appeared to defend her interest in the property and moved for a more definite statement of the complaint.

Rule of Law

Issue

Holding and Reasoning (Jones, C.J.)

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