George Shiras, Jr.

“ As we have already stated, the trial court and the circuit court of appeals of the eighth circuit held that the act of February 3, 1897, was applicable to the case in hand, and, as a valid exercise of power, was decisive of the controversy.
The condition of the plaintiffs in error is very different from that of a purchaser for a valuable consideration without notice of an alleged prior encumbrance. ”

“ Without pursuing the subject further our conclusion is that no property rights of the plaintiffs in error were impaired by the act of February 3, 1897. Their judgment against Blocker remained unaffected, and the lien of the writ of attachment was not destroyed, but continued to hold any surplus that might have remained after the satisfaction of the mortgage liens. They have no just ground in constitutional law to complain of the action of Congress in giving legal effect to the equitable lien of the mortgages. ”

“ If the problem were made to turn upon the equities between the two classes of creditors, the solution would be an easy one. With the legal title to the property in the common debtor, no court of equity would prefer the lien of a mere attachment to that of a prior mortgage given to secure the money advanced to purchase the property, if the attachment creditor had actual knowledge of the existence and nature of the mortgage. ”

“ Such acts are of a remedial character, and are the peculiar subjects of legislation. They are not liable to the imputation of being assumptions of judicial power.'
The power of a legislature to pass laws giving validity to past deeds which were before ineffectual is well settled. ”