Page:Federal Reporter, 1st Series, Volume 10.djvu/518

 506 FEDERAL REPORTER. �buildings from the same * * * before the next November term of this court." On this judgment a writ of possession issued March 1, 1876, which the marshal returned "executed by putting W. J. Smith, Burveyor of customs, in possession as agent of the United States." The United States also, on said fourth day of June, brought an action for the past-due rents, and on April 15, 1871, recovered judgment for the sum of $608.20. �In the equity case a receiver was appointed, and on interlocutory decree it was determined that the United States were not entitled to reeover the contract rent, but only for use and occupation $800 per annum. The defendant himself was at first appointed receiver, but, failing to report, was soon removed and one Griffin appointed, who collected and distributed the rents according to the orders of the court. On April 15, 1871, a decree was entered declaring the lease forfeited, the ground to belong to the United States, and the buildings to the defendant. By this decree J. E. Bigelow was appointed receiver, and ordered to collect the rents and pay to the United States $800 per annum, ground rent, which he proceeded to do until March 1, 1876, when there was due from the receiver to the United States the sum of |1,500 for arrears of ground rent, and on that day the fol- lowing decree was entered in this cause: �"It having been established by a former decree of this court that the build- ings and improveiiients upon the property in question in this cause are the property of the defendant, and it appearing to the court, by agreement of the parties, that there is ground rent due from the defendant to the United iStates. accruing since the present receiver was appointed in this cause, owing to the great decline in rents, and for the purpoae of settling and paying oli said past-due rent, it is, by agreement of the parties, ordered, adjudged, and decreed by the court that the said property be turned over to the United States, that the United States rent out said property, collect the rents, and apply thera to the paymect of said past-due rents until the same is fully satis- fled, and then if the question of amount of ground rent can be agread upon between the parties, then the said property shall be placed baok iiito the hands of the defendant or his solicitor, J. E. Bigelow, to be held upon the ferma to be agreed upon; but should the parties fail to agree about the ground rent, then the said defendant or his solicitor, J. E. Bigelow, shall be allowed to remove the said buildings from said premises at any time within 90 days after such failure to agree upon ground rent. But should the United States desire to sell the said ground before the full amount of said back rent sliall have been paid, it shall be at the option of the defendant or his solicitor, J. E. Bigelow, either to have the said buildings sold, and any balance that may be due upon the back ground rent paid out of the proceeds of sale, and have the balance paid over to the said defendant or his said solicitor, or to pay suck balance in cash, or allow the United States to continue to collect the rents of ��� �