Sheffield & B. Coal, Iron & Railway Co. v. Newman
Court of Appeals for the Fifth Circuit
Appeal from the Circuit-Court of the United States for the Northern Division of the Northern District of Alabama. On January 9, 1889, the Central Trust Company instituted a suit in the United States circuit court for the Northern district of Alabama, against the Sheffield & Birmingham Coal, Iron & Railway Oomxmny, for the. foreclosure of two deeds of Trusts and mortgage.
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Appeal from the Circuit-Court of the United States for the Northern Division of the Northern District of Alabama. On January 9, 1889, the Central Trust Company instituted a suit in the United States circuit court for the Northern district of Alabama, against the Sheffield & Birmingham Coal, Iron & Railway Oomxmny, for the. foreclosure of two deeds of Trusts and mortgage. One of these was to secure bonds to the. amount of 81,000,000, known as the “Furnace Bonds,” on that part of the proxierty upon which three iron blast furnaces were situated; and the other deed of trust was to secure bonds to…
1ConcurrenceParlange, District Judge
The questions of pleading and practice raised by the demurrer do not appear to me to be tenable. The object of the supplemental bill was to show that liens which, while they existed, were obstacles in the way of Newman’s full satisfaction, had been removed since the filing of the original bill. *791Story, Eq. Pl. § 346; Beach, Eq. Prac. § 499. Chancellor Walworth, in Candler v. Pettit, 1 Paige, 168, uses (lie following language:
“If the complainant had no ground for the proceeding originally, ho should file a new bill, showing a case which will then entitle him to equitable relief. But. if his…
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- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
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- Matthews v. MatthewsSupreme Court of Alabama · 1946
- Berliner Gramophone Co. v. SeamanCourt of Appeals for the Fourth Circuit · 1902
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