Livingston v. Blue Creek Coal & Land Co.

Per Curiam,

Plaintiff sued in' assumpsit as the holder of 34 out of 2,000 bonds issued by defendant corporation and secured by a .trust mortgage on coal lands in the State of West Virginia. The bonds had matured and there were interest coupons thereon in default for many years. The case was tried by a judge without a jury. The only defense presented was that the mortgage provided that nó holder of the bonds or coupons should have the right to institute any suit, action, or proceeding, in equity or at law, for the foreclosure of the mortgage, or the execution of any of the trusts thereof, or…