Guaranty Trust Co. v. Green Cove R. Co.
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139 U.S. 137 (1891)
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U.S. Supreme Court
Guaranty Trust Co. v. Green Cove R. Co., 139 U.S. 137 (1891)
Guaranty Trust and Safe Deposit Company v.
Green Cove Springs and Melrose Railroad Company
Submitted January 21, 1891
Decided March 2, 1891
139 U.S. 137
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE NORTHERN DISTRICT OF FLORIDA
Limitations upon the power of a trustee in a railroad mortgage to take proceedings to enforce payment of the amount secured should be construed strictly.
A provision in a mortgage that the mode of sale provided by it "shall be exclusive of all others" is an attempt to provide against a remedy in the ordinary course of judicial proceedings and oust the jurisdiction of the courts, and is therefore invalid.