Toledo, P. & W. R. R. v. Peoria & P. Union Ry. Co.

EVANS, Circuit Judge.

In a mortgage foreclosure suit brought against Toledo, Peoria & Western Railway Company, et al., the Peoria, and Pekin Union Railway Company intervened and sought to establish a claim for,moneys duo it under a contract which the parties had negotiated on the 1st day of March, 1898. In the foreclosure suit the mortgagor’s property was ultimately sold to the co-appellant, George P. McNear, Jr., and his liability was established, if it existed at all, by virtue of an order made at the time he purchased the property and because of a contract which he? at the time, executed.

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