Legal Opinion

American Loan & Trust Co. v. Central Vermont R.

U.S. Circuit Court for the District of Vermont

Decided February 12, 1898PublishedCited by 8 opinions

This was a bill in equity by the American Loan & Trust Company against (he Vermont Central Railroad Company and others for foreclosure of a mortgage.

1Opinion of the Court

WHEELER, District Judge.

This is a bill for foreclosure and sale brought against the mortgagors and receivers of the property in another cause. The receivers have pleaded their receivership, and other defendants have demurred. The plea and demurrer have now been argued. The possession of property by receivers under the appointment and order of a court in a cause is the possession of and for the court in that cause. JSTo suit or proceeding touching the property can be maintained but in that court in that cause, or by leave of court obtained in that.cause. This result follows from the nature and…

2Cited by8 opinions

  1. Driver-Harris Co. v. Industrial Furnace CorporationDistrict Court, W.D. New York · 1935
  2. American Loan & Trust Co. v. Central Vermont R.U.S. Circuit Court for the District of Vermont · 1898
  3. Von Boston v. United Rys. Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1925
  4. Holmes & Hibbard Mortgage Co. v. Ardmore Nat. BankSupreme Court of Oklahoma · 1915
  5. Holmes v. DowieCourt of Appeals for the Seventh Circuit · 1910

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