Breed v. Glasgow Inv. Co.
U.S. Circuit Court for the District of Western Virginia
A bill was filed by F. W. Breed against the Glasgow Investment Company to foreclose a mortgage. The court appointed J. O. Bur-dette and S. H. Letcher receivers of the company, and all creditors were called in. Tlxereafter A. F. Smith, by jxotition, set up a simple contract claim against the company, and sought payment out of the mortgaged property pari passu with the bonds secured by the deed.
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A bill was filed by F. W. Breed against the Glasgow Investment Company to foreclose a mortgage. The court appointed J. O. Bur-dette and S. H. Letcher receivers of the company, and all creditors were called in. Tlxereafter A. F. Smith, by jxotition, set up a simple contract claim against the company, and sought payment out of the mortgaged property pari passu with the bonds secured by the deed. The court sustained a demurrer to the petition, and dismissed the same. 71 Fed. 903. On appeal, the order sustaining the demurrer was set aside, and the case was remanded for further proceedings. 20 C.…
1Opinion of the Court
PAUL, District Judge.
This cause comes on to be heard on the report of the master in pursuance of a decree entered herein on the 28th of February, 1896, by which the cause was recommitted. The master had made a report, January 28, 1896, to whictí. exceptions had been filed by Henry Strong, a holder of part of the first mortgage bonds of the Glasgow Investment Company, and by others. By a decree of the 13 th oí June, 1896, the master was directed “to take *762testimony upon the matters alleged in tlie petition of A. F. Smith, filed in this cause on the 1st day of March, 1895, and make report…
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