Elmira Mechanics' Society of New York v. Stanchfield
Court of Appeals for the Eighth Circuit
Appeal from tlie Circuit Court of the United States for the District of Colorado. In January, 1001, Edward B. Stanehfield, of Denver, Oolo., borrowed 37,500 from the appellant, Elmira Mechanics’ Society of New York (hereinafter called the complainant), for whicli he and Ms wife executed a note due January 35, 1906, with 6 per cent, interest, payable semiannually.
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Appeal from tlie Circuit Court of the United States for the District of Colorado. In January, 1001, Edward B. Stanehfield, of Denver, Oolo., borrowed 37,500 from the appellant, Elmira Mechanics’ Society of New York (hereinafter called the complainant), for whicli he and Ms wife executed a note due January 35, 1906, with 6 per cent, interest, payable semiannually. To secure this debt, they executed to the complainant a mortgage on various lots of ground in the city of Denver, and in Arapahoe county, Colo. Three of the lots were subject to a prior mortgage of $8,500, which would mature about…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). Two questions are presented for decision on this appeal: (1) Whether the complainant, the mortgagee, under its deficiency judgment against die insolvent mortgagor, under the facts of this case, is entitled to have the rentals of the property in question applied to the payment of the taxes assessed against it and to the payment of the deficiency judgment until possession of the property is obtained by the complainant under the deed of foreclosure; and (2) whether sufficient of the income from the rental of the property under the receivership should have been…
2Cases cited13 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Davis v. DaleIllinois Supreme Court · 1894
- Terry v. TubmanSupreme Court of the United States · 1876
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3Cited by2 opinions
- Whitfield v. MayCourt of Appeals of Tennessee · 1935
- Megginson v. HallSupreme Court of Colorado · 1943