Page:Federal Reporter, 1st Series, Volume 1.djvu/763

 PORTES V. KINO. ���755 ���reason, therefore, as well as upon the grounds above etated, I am clearly of the opinion that the railway company cannot be permitted to oust the plaintiff from possession without �process. �The injunction, heretofore granted, will be so far modified as to make it clear that the railroad company is at liberty to iustitute legal proceedings, either by eross-bill in this case or otherwise, to cancel and set aside the said contracts upon a return of the consideration, and to settle and adjust, upon principles of equity, the accounts between the partiss. ���Porter, Assignee, etc., v. Kino and another. �{District Court, W. D. Pennsylvania. April 1, 1880.) �MoBTGAGK — Assignee — Sbcbet Eq^tities. — The assignee of a mortgage takes it free and discharged from the secret equitijes of third persons. �In Equity. �AoHESON, J. This controversy concerna a bond, and mort- gage BBCuring the same, bearing date March 3, 1877, from Hamilton Laeock and wife to S. B. W. Gill, who was adjudi- cated a bankrupt, November 28, 1877. The bond is condi- tioned for the payment of the sum of $5,200, in two years from date, with interest payable semi-annually. The mort- gage is upon real estate in Allegheny City, and was recorded Àpril 3, 1877, in Mortgage Book, toI. 225, p. 485. These securities were found by W. î>. Porter, the assignee in bank- ruptcy of Gill, among the papers of the latter, and were taken possession of by the assignee. Eev. Matthew M. Pollock, one of the defendants, claims to be the assignee for Talue of $1,000 of said mortgage, by an assignment from Gill dated April 9, 1877, and to enforce bis claim instituted legal pro- ceedings against the assignee in bankruptey, The other defendant, William C. King, claims to be the purehaser and assignee for value of the whole of said bond and mortgage, by assignment from Gill, dated April 12, 1877, and to enforce ��� �