Ex parte Fleming
Supreme Court of the United States
The La Crosse and Milwaukie Kailroad Company, a railroad company of Wisconsin, had mortgaged its road and other property to secure certain negotiable bonds which it had issued. The bonds not being paid, a bill of foreclosure was filed in the District Court of the .United States for the Wisconsin district, the only Federal court then in that State, and which- court had at that time Circuit Court powers..
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The La Crosse and Milwaukie Kailroad Company, a railroad company of Wisconsin, had mortgaged its road and other property to secure certain negotiable bonds which it had issued. The bonds not being paid, a bill of foreclosure was filed in the District Court of the .United States for the Wisconsin district, the only Federal court then in that State, and which- court had at that time Circuit Court powers.. The railroad, &c., was sold by the marshal, who reported ■his sale to thé District Court. The sale was confirmed by .that court and the purchaser placed in possession. , About the timé,…
1Opinion of the CourtJustice Miller
delivered its opinion.
The petitioner does not show that he has such .an interest in the matter as would justify the court to permit him to interfere. He describes himself as equitable owner of certain bonds made by the La Crosse and Milwaukie Railroad Company. These bond's were secured by a mortgage; and it was in a suit brought to foreclose that mortgage that the salé was had of which he complains. The owner of these bonds, while the foreclosure proceedings were in progress, was Weed, who had deposited them with, the agents of a company, which proposed to use them in buying the said road,…
2Cited by1 opinion
- Ex Parte FlemingSupreme Court of the United States · 1865