Morrison Waite

“ The bondholders and trustees under the mortgage are satisfied with the decree as it has been entered. The railroad company has no other property which can be subjected to the payment of the balance of the mortgage debt remaining due after the mortgage is exhausted, and if the mortgagees are satisfied with the security as it has been adjudged to them, we see no reason for inquiring, on the suggestion of the railroad company only, at this late day, whether they might not have had more. ”

“ On the twenty-first of April, 1877, the master made a report, stating the amounts due the several bondholders who had proven their claims before him, and on the seventeenth of May the Indiana Southern Company filed exceptions to all his allowances. On the second of January, 1878, the same company appeared and moved to set aside the order referring the case to the master, and also for leave to file a cross-bill, the prayer of which was: (1) That the insurance company be required to take issue on the answers of the two railroad companies ”

“ These are appeals from the final decree in a suit brought by the Liverpool, London & Globe Insurance Company to foreclose a mortgage given by the Indiana Southern Railroad Company to William H. Swift and Samuel J. Tilden, trustees, to secure an issue of bonds, 1,500 of which, amounting in the aggregate to $1,500,000, are held by the insurance company. ”