Long v. Converse
Supreme Court of the United States
Ebbob to the Supreme Judicial Court of the State of Massachusetts. On the 20th of July, 1870, a bill was filed in the Supreme Judicial Court of Massachusetts for the foreclosure of a mortgage, executed by the Boston, Hartford, and Erie Railroad Company, to secure the payment of certain bonds. The bill prayed a sale of the mortgaged property, and the appointment .of receivers.
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Ebbob to the Supreme Judicial Court of the State of Massachusetts. On the 20th of July, 1870, a bill was filed in the Supreme Judicial Court of Massachusetts for the foreclosure of a mortgage, executed by the Boston, Hartford, and Erie Railroad Company, to secure the payment of certain bonds. The bill prayed a sale of the mortgaged property, and the appointment .of receivers. Henry N. Farwell was named as one of the defendants, he being one of the trustees under the mortgage, and also one of the directors of the company. Process was served upon him July 21, 1870. On the 2d of August, 1870, an…
1Opinion of the CourtChief Justice Waite
Our jurisdiction in this case depends upon the effect to be given to that provision of the Judiciary Act which authorizes this court to re-examine the decisions of the highest court of a State in certain cases, “where any title, right, privilege, or immunity is claimed under ” any statute of the United States. .
The plaintiffs in error did not claim under the assignees in bankruptcy. They set up the title of the assignees, not to protect their own, but to defeat that of the .receivers appointed by the State court. They claimed adversely to both the receivers and assignees. They did not even…
2Cases cited4 opinions
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