Pardee v. Aldridge,
189 U.S. 429 (1903)

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U.S. Supreme Court

Pardee v. Aldridge, 189 U.S. 429 (1903)

Pardee v. Aldridge

No. 137

Argued January 19-20, 1903

Decided March 16, 1903

189 U.S. 429


Where a railroad company mortgages its road, including all appurtenances and appendages of said railroad and the property of said company now acquired, or which may be acquired, used for and pertaining to the operation of said railroad, a sale under such mortgage does not include property acquired by the company after the mortgage for the purpose of subdivision and sale, and it is a question for a jury to determine, whether the land so purchased was to be used for and pertaining to the operation of the railroad or not.

A suit to foreclose a mortgage is not a proceeding in rein which will bind persons who are not parties thereto, and the fact that the decree covered the property in question does not conclude strangers to the suit.

The case is stated in the opinion of the Court.

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