Summary

Commercial Publishing Company v…

In the light, therefore, of all the circumstances which have been detailed, we cannot sustain the contention of the plaintiff in error that the guaranty clause of the decrees, transferring liens upon the property to the proceeds of sale, was intended to apply to the accounts in question without indulging in conjecture and giving to the plaintiff in error the benefit of the doubts which arise as to the precise meaning of the decrees.
Source: Wikisource

Commercial Publishing Company v…

Considering the final decree entered in the consolidated action, and the decree as subsequently entered by the trial court upon the mandate of the supreme court of Tennessee, it was decided that the Tennessee court 'did not adjudicate nor attempt to determine . . . [the] right [of Beckwith] to the moneys received by him for advertisements inserted in the paper by the receiver after his appointment.' The court then said, evidently assuming that the last decree embodied the direction for sales.
Source: Wikisource

Commercial Publishing Company v…

It is disclosed by the record that in two of the actions which were consolidated-that filed by the trustee and one on behalf of certain employees of the Memphis Appeal Company-liens were asserted upon all the assets which came into the possession of the receiver, viz., those embraced in the deed of trust which was sought to be foreclosed. The deed of trust was made long after the execution of the contract between Beckwith and the Memphis Appeal Company, and vested rights, if any, of Beckwith were not affected by the execution of the deed or by the appointment of a receiver.
Source: Wikisource

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