Grant v. Phoenix Mutual Life Insurance Company (106 U.S. 429)

This is an appeal from the following decree in a suit for the forclosure of certain deeds of trust in the nature of mortgages to secure the payment of money:

'The cause came on to be heard upon the pleadings and proofs     therein, and having been submitted by the counsel of the      respective parties and duly considered by the court, and it      appearing to the court that said defendant, Albert Grant, is      not entitled to any relief under his cross-bill in this      cause; that the plaintiff is the holder and owner of the      several obligations of said Grant, secured by the deeds of      trust on the real estate prayed in the original bill of      complaint herein to be sold for the payment of the      indebtedness thereon, and mentioned and set forth in the third, fourth, fifth, sixth, seventh,      and eighth paragraphs of said bill; that said Grant has made      default in the payment of his said obligations, on which he      is indebted to the plaintiff in large sums of money, with      long arrearages of interest; that said Grant has not paid      taxes on said real estate for a number of years, and the same      are in arrears for upwards of $20,000; that said indebtedness      of said defendant, Grant, to the plaintiff largely exceeds      the value of said real estate, and that the plaintiff has no      personal security for its said debt; it is this second day of      March, A. D. 1882, ordered, adjudged, and decreed that this      cause be, and the same hereby is, referred to the auditor of      the court to state the account between the plaintiff and the      defendant, Albert Grant; the amount due under said several      deeds of trust on said real estate prayed to be sold in said      bill; the amounts due said judgment and mechanic's lien      creditors referred to in said bill; whether the same are      liens upon any of said real estate; the relative priorities      of the claims of said creditors and the plaintiff, and the      value of the said real estate,-all from the proofs in this      cause, except as to said mechanic's lien,-and report the same      to this court. And said auditor shall further ascertain and     report to this court the amount due for taxes in arrears on      said real estate, and whether the same or any part thereof      has been sold for taxes, and if so, when, for what taxes, for      what amount, and to whom.'

To this was added an order appointing a receiver to take possession of the property, make leases, etc.

''Wm. A. Meloy'', for appellant.

W. F. Mattingly and R. T. Merrick, for appellee.

WAITE, C. J.