Gardner v. Brown
Supreme Court of the United States
Appeal from the Circuit Court for the Middle District of Tennessee; the case being thus: The Code of Tennessee* enacts that every trustee to whom property is conveyed in trust for any person, “before entering upon the discharge of his duty shall give bond,” &c., for the faithful discharge of his duties. But the act does not declare that if he does not give the bonds he shall cease to be trustee.
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Appeal from the Circuit Court for the Middle District of Tennessee; the case being thus: The Code of Tennessee* enacts that every trustee to whom property is conveyed in trust for any person, “before entering upon the discharge of his duty shall give bond,” &c., for the faithful discharge of his duties. But the act does not declare that if he does not give the bonds he shall cease to be trustee. An act of Congress of July 27th, 1866,† enacts as follows: “ If in any suit... in any State' court against an alien, or by a citizen of the State in which the suit is brought against a citizen of…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The order of the Circuit Court dismissing this cause and remanding it to the State court is affirmed.
By the terms of the mortgage, a deed of trust, Walker, as trustee, was authorized, upon default of payment of the debt, to take possession of the mortgaged premises and sell them upon certain specified terms and conditions. It is claimed in the bill, that he had not qualified himself under the laws of Tennessee to act under this power, and the suit was brought to foreclose the mortgage in chancery, without reference to the special power of…
2Cited by1 opinion
- Gardner v. BrownSupreme Court of the United States · 1875