Roberts v. Central Trust Co. of New York
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. This is a suit brought by the Central Trust Company or New York against the California & Nevada Railroad Company and others, to foreclose a mortgage made by said railroad company to secure an issue of bonds. ' Mary E. Roberts, appellant herein, was named as a party defendant having or claiming to have some interest in the property.
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Appeal from the Circuit Court of the United States for the Northern District of California. This is a suit brought by the Central Trust Company or New York against the California & Nevada Railroad Company and others, to foreclose a mortgage made by said railroad company to secure an issue of bonds. ' Mary E. Roberts, appellant herein, was named as a party defendant having or claiming to have some interest in the property. The claim of Mrs. Roberts is evidenced by a written instrument, draft, or order, which reads as follows: “No. 64. San Francisco, September 10, 1881. “$5,000. To C. F.…
1Opinion of the Court
HAWLEY, District Judge,
after making the foregoing statement of. facts, delivered the opinion of the court.
The contention of appellant is that the claim of Mrs. Roberts constitutes an equitable lien upon the property mortgaged, and takes priority in marshaling the assets over all the bondholders, because before the mortgage was given she had an assignment of the “proceeds of the first bonds sold of this company”; and she claims that the Central Trust Company took the mortgage with notice,of this equitable assignment to her, and that when the first bonds were sold the proceeds must be regarded…
2Cases cited6 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Ketchum v. St. LouisSupreme Court of the United States · 1880
- Fogg v. BlairSupreme Court of the United States · 1890
- National Bank of Commerce in Denver v. AllenCourt of Appeals for the Eighth Circuit · 1898
- Cushing v. ChapmanU.S. Circuit Court for the District of Eastern Missouri · 1902
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