Henry Billings Brown

“ Should the court proceed to a decree for foreclosure and sale, the holders of the bonds can be notified to appear and file them with the master, and all questions connected with their amount and ownership can be settled upon a final hearing. ”

“ In that case, which was a bill for foreclosure, the proviso was that the trustee, upon the written request of the holders of a majority of the bonds then outstanding, should proceed to collect both principal and interest of all such bonds outstanding, by foreclosure and sale of said property, or otherwise, as therein provided. ”

“ The facts with regard to the publication in this case are as follows: On February 23, 1884, Philip J. Canova filed a bill in the state court against the Green Cove Springs & Melrose Railroad Company. The gravamen of the bill was that the company owed Canova over $19,000 as contractor, and that he had a lien as such contractor superior to the lien of the bonds secured by the mortgage to the plaintiff in this case. Plaintiff was not named as defendant in that bill. On the day the bill was filed the state court appointed a receiver of the property. ”

“ Without going further into the evidence, we think there is sufficient to show that there are bonds outstanding secured by this mortgage upon which plaintiff is entitled to maintain this bill, and that it is not necessary at this stage of the case to determine as a finality the amount, validity, or ownership of such bonds, or the number which were held bona fide by the present holders, but that the case should be reversed, and remanded for further proceedings in conformity with this opinion. ”

“ Hope v. Society, 4 Ch. Div. 327; Edwards v. Society, 1 Q. B. Div. 563; Horton v. Sayer, 4 Hurl. & N. 643; Scott v. Avery, 8 Exch. 487, 5 H. L. Cas. 811; Thompson v. Charnock, 8 Term R. 139; Mitchell v. ”