Roy A. Dickie, Assignee of Whitaker & Co., Inc. v. Sewer Improvement District No. 1 of Dardanelle, Arkansas

JOHNSEN, Chief Judge.

The appeal springs from an order closing a suit, which had been instituted in 1936 by appellant’s assignor for recovery of a judgment on some defaulted bonds of an Arkansas Sewer Improvement District and for enforcement of the security thereof, consisting of a trust instrument (designated “mortgage”) of assignment and lien on the assessed benefits from the improvement. The suit rested on diversity jurisdiction.

The court entered judgment on the indebtedness in 1937; appointed a receiver to make collection of the delinquent assessments; authorized the receiver to bring…