Equitable Trust Co. v. Western Pac. Ry. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Suit by the Equitable Trust Company of New York, as trustee, against the Western Pacific Railway Company and others.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Suit by the Equitable Trust Company of New York, as trustee, against the Western Pacific Railway Company and others. From an order (231 Fed. 478) enjoining complainant from prosecuting a different suit, complainant appeals, and also files original applications for writs of prohibition and mandamus, directed to Hon. William C. Van Fleet, Judge of the District Court for the Northern District of California, and to such District Court.
1Opinion of the Court
HUNT, Circuit Judge.
The Equitable Trust Company of New York, as trustee, instituted foreclosure proceedings in the District Court in the Northern District of California to foreclose the first mortgage of the Western Pacific Railway Company, bearing date September 1, 1903, but acknowledged and delivered June 23, 1905. Tlie trust company, as trustee, plaintiff in the court below, and appellant here, also asked that a receiver be appointed pendente lite. Jurisdiction was based upon diversity of citizenship.
The complaint sets forth that the entire amount of bonds secured by the mortgage sought to…
2Cases cited10 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- United States v. MayerSupreme Court of the United States · 1914
- Reynolds v. StocktonSupreme Court of the United States · 1891
- California v. Southern Pacific Co.Supreme Court of the United States · 1895
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Palmer v. Bankers' Trust Co.Court of Appeals for the Eighth Circuit · 1926
- Syracuse Trust Co. v. KellerSuperior Court of Delaware · 1932
- Equitable Trust Co. v. Western Pac. Ry. Co.District Court, S.D. New York · 1917
- Clinton Trust Co. v. 142-144 Joralemon Street Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- United States v. Port Washington Brewing Co.District Court, E.D. Wisconsin · 1921
7 more not listed; retrieve them via the Exa API.