Carlisle v. Mercantile Trust Co.
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Southern District of Ohio. These several appeals are from decrees upon separate interventions filed in a consolidated mortgage foreclosure suit against the Oolumbus, Sandusky & Hocking Railroad Company. Many questions arise upon this review, which involve the priority of the lien of mortgages under foreclosure.
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Appeals from the Circuit Court of the United States for the Southern District of Ohio. These several appeals are from decrees upon separate interventions filed in a consolidated mortgage foreclosure suit against the Oolumbus, Sandusky & Hocking Railroad Company. Many questions arise upon this review, which involve the priority of the lien of mortgages under foreclosure. To a proper understanding pf these issues, it becomes necessary to here state the origin and history of the mortgagor railroad company, and of the two mortgages under foreclosure. Both were executed by the Columbus, Sandusky &…
1Opinion
On Petitions for Behearing.
(July 2, 1901.)
1. John G-. Carlisle and those associated with him as holders of general mortgage bonds complain because the court has not, in its opinion, specifically dealt with alleged diversions of prior lien bonds, and have affirmed the decree of the circuit court holding that the entire issue of $2,000,000 of prior lien bonds had been negotiated for value to a large number of persons, who ate now the lawful holders of same for value. The decree in that respect was based upon the report of the special master. In the opinion heretofore filed we dealt very fully…
2Cases cited4 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Camden v. StuartSupreme Court of the United States · 1892
- Sheffield & Birmingham Coal, Iron & Railway Co. v. GordonSupreme Court of the United States · 1894
- Lake Erie & W. R. Co. v. City of FremontCourt of Appeals for the Sixth Circuit · 1899