United States Fidelity & Guaranty Co. v. Burke
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Suit by George B. Burke and another against the Mountain Timber Company for the foreclosure of a mortgage. From a decree of foreclosure, and for the recovery of a deficiency from the defendant and from the United States Fidelity & Guaranty Company as surety on a. bond given to prevent injunction (224 Fed. 591), the surety appeals.
1Opinion of the Court
HUNT, Circuit Judge.
In April, 1913, Burke and Ferris, appellees, brought suit to foreclose a mortgage given by Mountain Timber Company to secure' certain promissory nptes executed by the Mountain Timber Company for $32,500. The mortgage covered a tract of timber land in Cowlitz county, Wash. Two notes, each for the sum-of $16,250, were given. One note matured February 3, 1911, and the *882other February 3, 1912. No part of the notes had been paid. By the mortgage the Timber Company agreed with D. L. Kelly and his assigns that any timber cut by the Timber Company, or its assigns,' on any of the…
2Cases cited16 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Cimiotti Unhairing Co. v. American Fur Refining Co.Supreme Court of the United States · 1905
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Bein v. HeathSupreme Court of the United States · 1852
- Tyler Min. Co. v. Last Chance Min. Co.Court of Appeals for the Ninth Circuit · 1898
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