Dunham v. Cincinnati, P., & CR Co.

68 U.S. 254 (1863)

1 Wall. 254

DUNHAM

v.

THE CINCINNATI, PERU, &c., RAILWAY COMPANY.

Supreme Court of United States.

Messrs. Major and Black for Walker and Ludlow.

Mr. Otto, who also filed a brief for Mr. Niles, contra.

Mr. Justice CLIFFORD, after stating the case, delivered the opinion of the court:

1. Appellant contends that the proceeds of the sale of the road, after paying the costs of suit, should be ratably applied towards the payment of the first mortgage bonds and the overdue interest warrants under the same, instead of being applied, as directed in the decree, to the payment of the judgment…