Smith v. McCullough
Supreme Court of the United States
Appeal from' the Circuit Court of the United States for the Western District of Missouri. The case here presented is an outgrbwtli of a suit instituted in the court below for the foreclosure of a. mortgage executed' on the first day of April, 1872, to the Farmers’ Loan and Trust Company, by the Burlington and Southwestern Railway Company, to secure the payment of certain bonds issued by the latter.- A decree of foreclosure having passed,. Elijah Smith, the receiver iñ that…
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Appeal from' the Circuit Court of the United States for the Western District of Missouri. The case here presented is an outgrbwtli of a suit instituted in the court below for the foreclosure of a. mortgage executed' on the first day of April, 1872, to the Farmers’ Loan and Trust Company, by the Burlington and Southwestern Railway Company, to secure the payment of certain bonds issued by the latter.- A decree of foreclosure having passed,. Elijah Smith, the receiver iñ that suit, filed.his petition therein (to which Warren McCullough and other persons were made defendants),-asserting his-…
1Opinion of the CourtJustice Harlan
Waiving any inquiry as to whether such property as that in question could have been conveyed by mortgage in any other way than by estoppel against- the mortgagor, we will consider whether the bonds issued by Sullivan County are embraced, or ■were -intended to be embraced, by the mortgage to the Farmers’ Loan and Trust Company. That question is within a very narrow compass. It must be solved so as to give effect to-the intention of the parties, to be collected as well from the words of the instrument as from the circumstances attending its .execution.
The contention of the'appellant is that'…
2Cited by53 opinions
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- Calder Bros. Co. v. AndersonUtah Supreme Court · 1982
- Northern Finance Corporation v. ByrnesCourt of Appeals for the Eighth Circuit · 1925
- Cleveland Trust Co. v. Consolidated Gas, Electric Light & Power Co.Court of Appeals for the Fourth Circuit · 1932
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
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