Carlisle v. Mercantile Trust Co.
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Southern District of Ohio. These several appeals are from decrees upon separate interventions filed in a consolidated mortgage foreclosure suit against the Oolumbus, Sandusky & Hocking Railroad Company. Many questions arise upon this review, which involve the priority of the lien of mortgages under foreclosure.
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Appeals from the Circuit Court of the United States for the Southern District of Ohio. These several appeals are from decrees upon separate interventions filed in a consolidated mortgage foreclosure suit against the Oolumbus, Sandusky & Hocking Railroad Company. Many questions arise upon this review, which involve the priority of the lien of mortgages under foreclosure. To a proper understanding pf these issues, it becomes necessary to here state the origin and history of the mortgagor railroad company, and of the two mortgages under foreclosure. Both were executed by the Columbus, Sandusky &…
1Opinion of the Court
LURTON, Circuit Judge,
having made the foregoing statement of the case, delivered the' opinion of the court.
The following opinion deals with the several questions arising under a number of appeals by interveners and cross appeals by mortgagees set out in the caption. So far as found convenient, the questions under each appeal will be considered together, reference* being always made to the statement of the case preceding the opinion for the general facts bearing upon the matter under consideration.
No. 867.
1. Appeal of John G-. Carlisle and others.
This appeal, shortly stated, involves the right…
2Cases cited38 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Christmas v. RussellSupreme Court of the United States · 1872
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
33 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
- In re BennettCourt of Appeals for the Sixth Circuit · 1907
- State Central Sav. Bank v. HemmyCourt of Appeals for the Eighth Circuit · 1935
- Gregg v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901
- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
15 more not listed; retrieve them via the Exa API.