Bound v. South Carolina Ry. Co.
Court of Appeals for the Fourth Circuit
Appeals from the Circuit Court of the United States for the District of0 South Carolina. In Equity. Bill by Frederick W. Bound, a holder of second consolidated mortgage bonds of the South Carolina Railway Company, against the company'and others, for the appointment of a receiver, ascertainment of lien claims, and for foreclosure.
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Appeals from the Circuit Court of the United States for the District of0 South Carolina. In Equity. Bill by Frederick W. Bound, a holder of second consolidated mortgage bonds of the South Carolina Railway Company, against the company'and others, for the appointment of a receiver, ascertainment of lien claims, and for foreclosure. A receiver was appointed, the holders of the senior and junior mortgage bonds and other lien claimants came in, and the priorities were adjudicated. See 43 Fed. Rep. 404; 40 Fed. Rep. 315; 47 Fed. Rep. 30; 50 Fed. Rep. 312, 853 ; 51 Fed. Rep. 58; 55 Fed. Rep. 186.…
1Opinion of the CourtMorris, District Judge
The principal point of contention on this appeal is whether or not the court was right in directing a sale clear of all liens, or should have decreed a sale subject to the first consolidated mortgage and all prior incumbrances. The objection urged that the decree was not in conformity to the prayer of the original hill, which was only for a foreclosure of the second consolidated mortgage, we think is not tenable. The receiver was appointed upon the prayer of the original complainant, and upon Ms prayer all persons having liens, mortgages, or claims of any kind were required to come into that…
2Cases cited2 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
3Cited by21 opinions
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Central Trust Co. of New York v. East Tennessee, V. & G. R.Court of Appeals for the Sixth Circuit · 1897
- Finance Co. of Pennsylvania v. Charleston, C. & C. R.Court of Appeals for the Fourth Circuit · 1894
- New England R. v. Carnegie Steel Co.Court of Appeals for the First Circuit · 1896
- Atlantic Trust Co. v. Woodbridge Canal & Irrigation Co.U.S. Circuit Court for the District of Northern California · 1897
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