Morton Trust Co. v. American Salt Co.
U.S. Circuit Court for the District of Eastern Louisiana
In Equity. The Morton, Trust Company, as trustee for the bondholders, who were secured by mortgage on a certain tract of land known as “Belle Isle,” situated in the parish of St. Mary, La., on which was a salt mine, filed its bill in equity setting out grounds for the appointment of a receiver to the property.
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In Equity. The Morton, Trust Company, as trustee for the bondholders, who were secured by mortgage on a certain tract of land known as “Belle Isle,” situated in the parish of St. Mary, La., on which was a salt mine, filed its bill in equity setting out grounds for the appointment of a receiver to the property. After notice to the defendant, the court appointed a receiver.- The defendant appealed to the Circuit Court of Appeals, which sustained the appointment of the receiver, but modified the order appointing him so as to correct an ambiguity which might have been construed as authorizing the…
1Opinion of the CourtParlange, District Judge
(after stating the facts). The Circuit Court of Appeals, passing on the interlocutory decree appointing a receiver in this cause, said that that decree might be construed to authorize the receiver to take possession of property of the defendant company which is not included in the mortgage, and that court modified the decree so as to correct the ambiguity which might exist in that respect. That action of the Circuit Court of Appeals was obviously correct. The order had, through inadvertence, been made to include all the property of the defendant company situated within the jurisdiction of…
2Cases cited7 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Groves v. SentellSupreme Court of the United States · 1894
- Meyer v. RichardsSupreme Court of the United States · 1896
- Phelps v. ReinachSupreme Court of Louisiana · 1886
- Gilbert v. Moline Plough Co.Supreme Court of the United States · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mary H. Shelp and Genevieve M. McKinney v. National Surety CorporationCourt of Appeals for the Fifth Circuit · 1964
- Straus v. City of New OrleansSupreme Court of Louisiana · 1928
- LaFleur v. SylvesterLouisiana Court of Appeal · 1961
- City of New Orleans v. Baumer Foods, Inc.Supreme Court of Louisiana · 1988
- Edwards v. S. & R. GAS CO.Louisiana Court of Appeal · 1954
8 more not listed; retrieve them via the Exa API.