Page:Federal Reporter, 1st Series, Volume 10.djvu/616

 60e FSDEBAIi REPORTER. �ject to the homestead rights of the heir8, whatever those righta may be; and we do not undertake to deflne or lirait them. That eau be properly doue onl^ in a proceeding to which they are parties. �Decree accordingly. EosxER, D. J., concurs. ���Mercantile Trust Co. v. Pobtland & Ogdensburq E. Co, �[Girctiit Court, D. New HampshiTe. Pebruary 21, 1882.} �1. FoEECLosuEE — Necessaey Paeties. �In a suit by the bondholders of a railroad company holding bonds secured by a flrst mortgage on a part of the road and a second mortgage on the rest of the road, and praylng that an account be taken of the earninga received from the different parts of the road, and forpayment of the amount due to the plain- tiff, or, in default, for a foreclosure of the mortgage ; and asking that a receiver beappointed, and for other relief, — the trustees of the second mortgage, under which the plaintill claims, are necessary parties. �2. Nok-Resident Paeiies — Appearance, how Secubed. �If they are residents of another state, the statuts of 1875, e. 137, $ 8, provides for summoning all such absent parties, where there is property within the juris- diction upon which a lien is claimed. �3. Mortgage — Phovisious op Statfte Part of the Contbact. �Where a state statuto provides for the rights and duties of trustees of a cor- poration, it relieves the parties from providing therefor in each mortgage exe- cuted under the laws of such state. �J. W. Fellows, E. J. Phclps, and Noble de Smith, for complainant. �Mr. Haskell, for defendant Anderson. �LowELL, C. J. This case has been argued upon demurrer to the bill. The facts alleged are that the Portland & Ogdensburg Eail- road Company exists by the authority of the states of Maine and New Hampshire; that in 1870 it mortgaged that part of its line which extends from Portland, in Maine, to Bartlett, in New Hamp- shire, to secure bonds for $800,000 ; that in 1871 it mortgaged the whole line, from Portland to the western line of New Hampshire, together with its rolling stock owned or which might thereafter be acquired, to G. T. Emery and two others, as trustees, to secure bonds for 13,000,000, and issued the bonds to the amount of $1,900,- 000, of which the plaintiff holds $80,000, and sues for itself and others in like interest who may choose to corne in and contribute to the expenses. This mortgage is the first, from Bartlett to the west- ��� �