Hinckley v. Gilman, Clinton, & Springfield Railroad
Supreme Court of the United States
Motion to dismiss an appeal from the Circuit Court of the United States for the Southern District of Illinois. In the progress of a suit for the foreclosure of a mortgage executed by the Gilman, Clinton, and Springfield Railroad Company, Francis E. Hinckley was appointed receiver. On the 8th of April, 1876, a final decree was rendered, under which, on the 10th of June, the mortgaged property was sold, and subsequently conveyed to the purchasers.
Read the full summary
Motion to dismiss an appeal from the Circuit Court of the United States for the Southern District of Illinois. In the progress of a suit for the foreclosure of a mortgage executed by the Gilman, Clinton, and Springfield Railroad Company, Francis E. Hinckley was appointed receiver. On the 8th of April, 1876, a final decree was rendered, under which, on the 10th of June, the mortgaged property was sold, and subsequently conveyed to the purchasers. Upon a settlement of the accounts of the receiver, a balance was found due from him of $18,776.25, for which a decree was entered Sept. 27, directing…
1Opinion of the CourtChief Justice Waite
The motion to dismiss cannot be sustained.
In Blossom v. Railroad Company, 1 Wall. 655, a bidder at a foreclosure sale was allowed to appeal, and in delivering the opinion of the court Mr. Justice Miller said: —
• “ It is certainly true that he cannot' appeal from the original decree of foreclosure, nor from any other order or decree of the court made prior to his bid. It, however, seems to be well settled, that, after a decree adjudicating certain rights between the parties to a suit, other, persons having no previous interest in the • litigation may become connected with the case in the…
2Cases cited1 opinion
- Blossom v. The Milwaukee, &C., Railroad CompanySupreme Court of the United States · 1864
3Cited by45 opinions
- Devlin v. ScardellettiSupreme Court of the United States · 2002
- Hovey v. McDonaldSupreme Court of the United States · 1883
- City of San Benito v. Rio Grande Valley Gas Co.Texas Supreme Court · 2003
- Williams v. MorganSupreme Court of the United States · 1884
- Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
40 more not listed; retrieve them via the Exa API.