by John Marshall Harlan, Hitz v. Jenks (185 U.S. 155) — Opinion of the Court
“ The words 'until a sale shall be made under said deed of trust,' reasonably interpreted, meant no more than that the power of Tyler as receiver to take and hold possession of the property for the purposes designated should continue until there had been such a sale under the deed of trust as could properly and legally be made, and such as would give the purchaser a good title. ”
by John Marshall Harlan, Hitz v. Jenks (185 U.S. 155) — Opinion of the Court
“ But it is not necessary to go this length in the case before us, as it is sufficient to say that the sale under the judgment, pending the equity suit, and while the court was in possession of the estate, without the leave of the court, was illegal and void. We do not doubt but that it would be competent for the court, in case the judgment creditor holding the prior lien had not come in and claimed his interest in the equity suit, to decree a sale in the final disposition of the fund subject to his judgment. The purchaser would then be bound to pay it off. ”
by John Marshall Harlan, Hitz v. Jenks (185 U.S. 155) — Opinion of the Court
“ But does it follow that the decree of the general term in the Keyser Case was not superseded so far as it ordered the dismissal of Mrs. Hitz's cross bill with costs, and declared that she was not entitled to have the deed of her husband and herself to Sarah L. Crane, as well as the deed to Tyler, trustee, annulled and set aside, so far as her interests in the property were concerned? We think not. The mere dissolution of the injunction did not conclusively determine the merits of the cause as disclosed by the pleadings. ”
