Duvall-Percival Trust Co. v. Jenkins

STONE, Circuit Judge (dissenting).

I am very much impressed with the reasoning in the opinion of Judge LEWIS and if this were a question of first impression I would agree with his conclusions. . However, I cannot escape the conviction that this very matter has been ruled by the Supreme Court and, so believing, I have no choice and must accept that rule, as I understand it.

In Union Mutual Life Insurance Co. v. Hanford, 143 U. S. 187, at page 190, 12 S. Ct. 437, 438 (36'L. Ed. 118), the Supreme Court held, in a similar ease, that:

“The question whether the remedy of the mortgagee against the…