Equitable Trust Co. of New York v. Port Wentworth Terminal Corp.
District Court, N.D. Georgia
In Equity. Dependent bill by the Equitable Trust Company of New York against the Port Wentworth Terminal Corporation and others. On motion to dismiss bill.
1Opinion of the Court
SIBLEY, District Judge.
This is a bill filed on leave of the court to foreclose a mortgage on realty within this district, to sell the mortgaged *884property, and to appoint receivers therefor pending a sale. Motion to dismiss and an opposition to the receivership are made.
[1,2] The motion to dismiss is based on want of jurisdiction and of equity. The general equity for an accounting of the mortgaged property, to impound the accruing rents and profits under the terms of the mortgage, and to foreclose and sell, all of which is sought here, is sufficient on the latter score. As to the federal…
2Cases cited6 opinions
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Continental Trust Co. v. Toledo, St. L. & K. C. R.U.S. Circuit Court for the District of Northern Ohio · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Union Trust Co. of Pittsburgh, PA. v. JonesCourt of Appeals for the Fourth Circuit · 1926
- Beaver Boards Cos. v. Imbrie & Co.District Court, N.D. Georgia · 1923
- Guaranty Trust Co. v. Williamsport Wire Rope Co.District Court, M.D. Pennsylvania · 1937
- Guaranty Trust Co. v. Williamsport Wire Rope Co.District Court, M.D. Pennsylvania · 1937