Page:Federal Reporter, 1st Series, Volume 10.djvu/232

 220 FEDEEAL EBPOBTEB. �A very analogous case of relief is found in National Bank of N. A. v. Norwich Savings Soc. 37 Conn. 444. There a decree of foreclosure had been made by a court having j'urisdiction, and a second mortga- gee had notice by mail, as required by the statute, and the decree recited that notice had been given ; but, as it had not been received, the foreclosure was opened after the full time allowed by the decree had expired. �There are many cases where statutory foreclosures are held condu- sive in equity but they are cases in which there was actual notice, and the only question was whether, when a statute bas given ample time for redemption, by parties having notice, anything short of fraud should be permitted to excuse a failure to act within the ample time allowed by statute. �I hold, therefore, that the plaintiff may amend within 60 days, on these terms ; that she shall pay all costs to the date of this decree, and a reasonable attorney fee to the counsel who conducted the case for the defendants. If this is done, she may redeem against Graf- fam and Doble. �Interlocutory decree acccordingly. ���Caerieb V. TowN OF Shawangunk.* �{Circuit Court, S. D. New York. February 9, 1883.) �, MuNiciFAL Bonds — Bona Flde FunciiASKR — Constructive Kotice of In- �VALIDITT. �Apurchaser before maturity of municipal bonds payable to bearer, is iiot, ipso facto, chargeable with constructive notice of tlieiralleged invalidity becuuse he undertook to satisfy himself by investigation that the condition necessary for their issuance had been fuifllled, and did not rely on their face. Sucli knowl- edge, when there are no marks of inflrmity on ihe face of the bonds aud no want of powor in the municipality, la a question of fact. . Same — Samb — RpjciTAL op Fdlpilmbnt of Conditions. �Where the offleers issuing municipal bonds are invested with power to de- cide whether the conditions precedent to their issue have been complied with, their recitals to that eftect in the bonds, when held by a bonafide purchasei, are conclusive. �Motion for new trial. �Charles C. Leeds and Charles H. Winfield, for plaintiff. �D. M. De Witt, for defendant. �*Keported l)y S. Nelson White, Esq., of the Nev/ York bar. ��� �