Decker Bros. v. Berner's Bay Mining Co.
District Court, D. Alaska
On July 1, 1896, the Berner’s Bay Mining & Milling Company, a corporation existing under the laws of the state of Maine, and doing business in Alaska, was the dwner of all the real property in litigation in this case, and bn that day mortgaged the same to the International Trust Company, of Massachusetts, to secure the payment of bonds in the sum of $500,000, issued and sold for its benefit.
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On July 1, 1896, the Berner’s Bay Mining & Milling Company, a corporation existing under the laws of the state of Maine, and doing business in Alaska, was the dwner of all the real property in litigation in this case, and bn that day mortgaged the same to the International Trust Company, of Massachusetts, to secure the payment of bonds in the sum of $500,000, issued and sold for its benefit. Thereafter, and on November 1, 1897, the Berner’s Bay Company ¡divided and sold all its property to- the Seward Gold Mining Company, the Northern Belle Gold Mining Company, and the Ophir Gold Mining…
1Opinion of the Court
WICKERSHAM, District Judge.
The principal issues of law in this case were determined, on February 11, 1907, by the Circuit Court of Appeals, on an appeal from a former decree of this court ordering the sale of the property in litigation. International Trust Co. v. Decker Bros. et al., 152 Fed. 78, 81 C. C. A. 302, 11 L. R. A. (N. S.) 152. The cause has now been fully heard on the merits, and, while the facts are now ampli-. fied and fully stated, the law announced on the former appeal is still fully applicable thereto and settles most of the contested issues.
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2Cases cited11 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Simmons v. SaulSupreme Court of the United States · 1891
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Jones v. Bank of LeadvilleSupreme Court of Colorado · 1887
- Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
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3Cited by1 opinion
- Cox v. SnowIdaho Supreme Court · 1929