Hanna v. State Trust Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. Oil the 1st day of November, 1889, the Denver-Arapahoe Land Company, a Colorado corporation, executed to the appellant John R. Hanna its trust deed on 11,320 acres of land in Arapahoe and Douglas counties, Colo., to secure to the appellant Rufus Clark the payment of its promissory notes aggregating the sum of $97,000. On the same day the same corporation executed to the Mercantile Trust Company…
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Appeal from the Circuit Court of the United States for the District of Colorado. Oil the 1st day of November, 1889, the Denver-Arapahoe Land Company, a Colorado corporation, executed to the appellant John R. Hanna its trust deed on 11,320 acres of land in Arapahoe and Douglas counties, Colo., to secure to the appellant Rufus Clark the payment of its promissory notes aggregating the sum of $97,000. On the same day the same corporation executed to the Mercantile Trust Company of New York, as trustee, a deed of trust on 4,480 acres of land in Arapahoe county, Colo., to secure an issue of its…
1Opinion of the CourtCaldwell, Circuit Judge
The precise question in this case is whether a court of chancery which has appointed a receiver for an insolvent private corporation in a foreclosure suit brought by a second mortgagee may, against the objection of the first mortgagee, authorize its receiver to issue receivers certificates to raise money to carry on the business of the insolvent corporation and to improve its lands, and mala1 such certificates a first and paramount lien upon the lands covered by the lire! mortgage. Co far as we are advised, the power to do this has been denied in every case in which- the question has arisen.…
2Cases cited16 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Fosdick v. SchallSupreme Court of the United States · 1879
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Wallace v. LoomisSupreme Court of the United States · 1878
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
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3Cited by45 opinions
- First Nat. Bank of Chicago v. Prima Co.Court of Appeals for the Seventh Circuit · 1937
- Houston Ice & Brewing Co. v. ClintCourt of Appeals of Texas · 1913
- Dalliba v. WinschellIdaho Supreme Court · 1905
- International Trust Co. v. Decker Bros.Court of Appeals for the Ninth Circuit · 1907
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
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