Shepherd v. Pepper
133 U.S. 626 (1890)

Annotate this Case

U.S. Supreme Court

Shepherd v. Pepper, 133 U.S. 626 (1890)

Shepherd v. Pepper

No. 136

Argued November 26-27, 1889

Decided March 3, 1890

133 U.S. 626

APPEAL FROM THE SUPREME COURT

OF THE DISTRICT OF COLUMBIA

Syllabus

Where appeals by five defendants from a final decree were allowed in open court in October, 1880, and the amount of the supersedeas bond as to one of them was fixed at $100, but he never gave it, and the others perfected their appeal, and the record was filed in this Court in October, 1886, and, when the case came on for hearing in November, 1889, he asked leave to file a proper bond, it was granted nunc pro tunc as of the day of hearing.

S. gave two deeds of trust of a lot of land in the District of Columbia to secure loans made by P. Afterwards he gave a deed of trust of the same lot to secure a loan made by C., that deed covering also a lot in the rear of the first lot, and fronting on a side street. At the time all the deeds were given, there was a dwelling house on the premises, the main part of which was on the first lot, but some of which was on the rear lot. P., on an allegation that B., a trustee in each of the first two deeds, had refused to sell the property covered by them, filed a bill asking the appointment of a trustee in place of those appointed by the first two deeds. The suit resulted in a decree appointing a new trustee in place of B. "in the deed of trust," but not identifying which one. The new trustee and the remaining old one then sold the land at auction to P.

Page 133 U. S. 627

under the first trust deed. S. then filed a bill to set aside the sale, and P. filed a cross-bill to confirm it. The bill was dismissed. P. then filed this bill against S. and C. and all necessary parties to have a trustee appointed to sell the land covered by the three trust deeds, and the improvements on it, to have a receiver of the rents appointed, and to have the rents and the proceeds of sale applied first to pay P. A receiver was appointed, and a decree made for the sale of the entire property as a whole by trustees whom the decree appointed, and for the ascertainment by the trustees of the relative values of the land covered by the first two trust deeds and the improvements thereon, and of the rear piece of land and the improvements thereon, and for the payment to P. of the net proceeds of sale representing the value of the land and improvements covered by the first two trust deeds, less the expenses chargeable thereto, and of the residue to C., and, out of the rents, to P., what he had paid for taxes and insurance premiums, and for a personal decree against S. in favor of P. for any deficiency in the proceeds of sale to pay the claims of P.

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