David Josiah Brewer

“ It happens in this case that there was but one party beneficiary under the trust-deed; but it often is the case, as in railroad trust-deeds, that the beneficiaries are many. But, whether one or many, the trustee represents them all, and in his name the litigation is generally and properly carried on. The fact that the beneficiary in a trust-deed may be a citizen of the same state as the grantor would not, if the trustee is a citizen of a different state, defeat the jurisdiction of the federal court. ”

“ It is the general rule of equity that a trustee called upon to discharge any duties in the administering of his trust is entitled to compensation therefor, and included therein is a reasonable allowance for counsel fees. This is constantly enforced in the federal courts in the various railroad foreclosures that have been and are proceeding therein ”

“ The remaining proposition of appellants is that the court erred in allowing a solicitor's fee of $1,000. There is a stipulation in the trust-deed for the payment of an attorney's fee of $1,000, in case of foreclosure, but such stipulations have been held by the supreme court of Nebraska to be unauthorized. ”