Baltimore Trust & Guarantee Co. v. Hofstetter
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is an appeal from a decree upon an intervening petition in a railroad-foreclosure case, giving a preference to an unsecured debt, out of the proceeds of a mortgage foreclosure sale, to John Hofstetter, a judgment creditor of the Overland Railroad Company.
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Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is an appeal from a decree upon an intervening petition in a railroad-foreclosure case, giving a preference to an unsecured debt, out of the proceeds of a mortgage foreclosure sale, to John Hofstetter, a judgment creditor of the Overland Railroad Company. The mortgages foreclosed were one executed February 13, 1892, by the Overland Railroad Company, a Tennessee street-railway company, to the Baltimore Trust & (3-uarantee Company, as trustee, to secure an issue of bonds aggregating $100,000, and…
1Opinion of the CourtBurton, Circuit Judge
The right of the Nashville & Suburban Railway Company to appeal and assign error has been challenged. It was not a party to the original record. The purchasers at the foreclosure sale were Messrs. Smith, Fisher, and Middleton, who were acting in behalf of all the bondholders. The sale was confirmed, to them as purchasers. They subsequently transferred all their rights and interests to the *78Nashville & Suburban Railway Company. ■ The purchaser at a foreclosure sale makes himself thereby a party to the proceeding, with the right to be heard on all questions thereafter arising, which shall affect…
2Cases cited5 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Irwin v. WilliarSupreme Court of the United States · 1884
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Chattanooga, R. & C. R. v. EvansCourt of Appeals for the Sixth Circuit · 1895
- Frazier v. Railway Co.Tennessee Supreme Court · 1889
3Cited by6 opinions
- Nolen v. RiechmanDistrict Court, W.D. Tennessee · 1915
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1898
- Mercantile Trust Co. v. Tennessee Cent. R.Court of Appeals for the Sixth Circuit · 1923
- Gulf, M. & N. R. Co. v. Hill Mfg. Co.Mississippi Supreme Court · 1921
- Mercantile Trust Co. v. Tennessee Cent. R.District Court, M.D. Tennessee · 1922
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