Hinckley v. Gilman, Clinton & Springfield Railroad Co.
94 U.S. 467 (1876)

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U.S. Supreme Court

Hinckley v. Gilman, Clinton & Springfield Railroad Co., 94 U.S. 467 (1876)

Hinckley v. Gilman, Clinton & Springfield Railroad Company

94 U.S. 467

Syllabus

Where, in the progress of a suit for the foreclosure of a mortgage, a receiver was appointed against whom, after the foreclosure and sale of the mortgaged premises, a decree was rendered directing him to pay into court $15,776.25, the balance found due from him on the settlement of his accounts, held that he had the right to appeal from that decree.

In the progress of a suit for the foreclosure of a mortgage executed by the Gilman, Clinton, and Springfield Railroad Company, Francis E. Hinckley was appointed receiver. On the 8th of April, 1876, a final decree was rendered under which, on the 10th of June, the mortgaged property was sold, and subsequently conveyed to the purchasers. Upon a settlement of the accounts of the receiver, a balance was found due from him of $18,776.25, for which a decree was entered Sept. 27, directing its payment into court on or before Oct. 10. On the 9th of October, he prayed this appeal "from the decree against him," which was granted. The complainants now move to dismiss, for the reason that he was not a party to the suit.

Page 94 U. S. 468

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