Bancroft v. Ashhurst
Supreme Court of Pennsylvania
In Equity. — In the Supreme Court, coram Mr. Justice Thompson, sitting at Nisi Prius. This was a bill filed by Stacy B. Bancroft against John Ashhurst, Edwin M. Lewis, and the Montour Iron Company, a corporation created prior to January 1, 1855, in pursuance of the Act of Assembly, by the Court of Common Pleas of Montour county, setting forth, that at a meeting of the stockholders of the said The Montour Iron Company, on the 26th day of September, 1855, resolutions were…
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In Equity. — In the Supreme Court, coram Mr. Justice Thompson, sitting at Nisi Prius. This was a bill filed by Stacy B. Bancroft against John Ashhurst, Edwin M. Lewis, and the Montour Iron Company, a corporation created prior to January 1, 1855, in pursuance of the Act of Assembly, by the Court of Common Pleas of Montour county, setting forth, that at a meeting of the stockholders of the said The Montour Iron Company, on the 26th day of September, 1855, resolutions were adopted, by which it was provided, that the bonds of the said company, with coupons attached, to an amount not to exceed…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J..
— This is an application for an injunction, to restrain the trustees in a deed of trust, in the nature of a mortgage, from selling the mortgaged premises, under a power con-*518tamed in the instrument. My brethren sat with me as adsessors, at Nisi Prius, on the argument of this motion, and were unanimously of opinion, that it was not a case for injunction, on any of the grounds taken by the plaintiff, and that a sale by the trustees, would pass a good title to the purchaser.
In New Hampshire, the doubts of the validity of such a power, rest…
2Cases cited5 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Jane v. CommonwealthCourt of Appeals of Kentucky · 1859
- Chowning v. CoxSupreme Court of Virginia · 1823
- Wilson v. TroupNew York Court of Chancery · 1823
3Cited by5 opinions
- Lightner's AppealSupreme Court of Pennsylvania · 1876
- Wilmington v. BryanSupreme Court of North Carolina · 1906
- Hartley AppealSupreme Court of Pennsylvania · 1866
- Bruckman Lumber Co. v. Pittsburgh InsuranceSupreme Court of Pennsylvania · 1932
- Wilmington v. . BryanSupreme Court of North Carolina · 1906