Elwell v. Fosdick
Supreme Court of the United States
APPEAL FROM THE OIRCUIT COÜRT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This case grows out of proceedings which took place in the Circuit Court of the United States for the Northern District of Illinois, in the suit of William R. ■ Fosdick and James D. Fish, mortgagees in trust, against The Chicago, Danville and Yincennes Railroad Company and others, wherein this court, in GMoago Vincennes Railroad v. Fosdick, and The Same v. Iluidekojper, 1.06 U. S. 47,…
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APPEAL FROM THE OIRCUIT COÜRT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This case grows out of proceedings which took place in the Circuit Court of the United States for the Northern District of Illinois, in the suit of William R. ■ Fosdick and James D. Fish, mortgagees in trust, against The Chicago, Danville and Yincennes Railroad Company and others, wherein this court, in GMoago Vincennes Railroad v. Fosdick, and The Same v. Iluidekojper, 1.06 U. S. 47, on the appeal of the railroad company, had under review decrees made by the Circuit Court, in the cause. The suit, was…
1Opinion of the Court
Me. Justice Blatchfokd,,
after stating the case as above, delivered the opinion of the court.
It is contended for the bank that Elwell had no authority,. as trustee in. the second mortgage, to release errors in the foreclosure proceedings or in the decree and to waive the right to appeal from the decree'; that his attempt to do so was a breach of trust', and outside of the powers and duties conferred upon him by the trust deed; and that the release does not' bar the right -of the' bank, as -the holder of bonds secured by the .trust deed to.Elwell and Eish, to prosecute this appeal-by the leave…
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