David Josiah Brewer

“ The decree also finds that the property thus purchased and held by the railroad company is a part of that covered by the mortgage being foreclosed, and that such mortgage was a lien on the property, but a lien subordinate to the claim of interveners. And it further finds that the lands so purchased and held were a part of the right of way of the railroad company. As the final decree of foreclosure and sale entered in the Indiana court directed a sale of the entire right of way, these lands were apparently included in the property purchased by Kneeland. ”

“ So, summing this up, there is nothing to show that Luce and Newton were ever in fact parties to the litigation in the Indiana court. It appears affirmatively that, if they ever were served with process or appeared, they were dismissed before this stipulation was entered into, and that they did not sign it. ”