United States Supreme Court Cases & Opinions

U.S. Supreme Court

Central Trust Co. v. Grant Locomotive Works, 135 U.S. 207 (1890)

Central Trust Company v. Grant Locomotive Works

Nos. 1277-1282

Submitted March 31, 1890

Decided April 21, 1890

135 U.S. 207

APPEALS FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

If the decree of sale in a suit for foreclosing a railroad mortgage provides that the purchaser shall pay down a certain sum in cash when the bid is made, and such further portions of the bid in cash as shall be found necessary, in order to meet such other claims as the court shall adjudge to be prior in equity to the debt secured by the mortgage, the purchaser is bound by the decision of the court as to such other claims, and has no appealable interest therein.

A decree in a suit for foreclosing a railroad mortgage that the claim by an intervening creditor of an interest in certain locomotives in the possession

Page 135 U. S. 208

of the receiver and in use on the road was just and entitled to priority over the debt secured by the mortgage is a final decree upon a matter distinct from the general subject of the litigation, and it cannot be vacated by the court of its own motion after the expiration of the term at which it was granted.