Matthews v. Warner

The main issue involved in this ease has been before this court, in a suit brought by Virginia 13. Matthews, wife of the plaintiff, against these defendants. 6 Fed. Rep. 461,112 U. S. 600, 5 Sup. Ct. Rep. 312. The bill is brought to recover the proceeds of certain mortgage bonds, which were delivered by the plaintiff to the defendants, Warner and Smith, trustees, in substitution for a certain bond for $250,-000, made by the plaintiff to his brother Nathan Matthews, bearing date May 8, 1875, secured by mortgage on real estate in New York city.

The bond and mortgage were assigned May 13, 1875,…