Page:Federal Reporter, 1st Series, Volume 2.djvu/663

 666 FEDERAL REPORTBB. �to be ascertaîned by a new sale or otherwise, to the extinc- tion of the mortgage which was paramount to the wife's right of homestead, the homestead might be subjected to the re- mainder, if any, of that $800 and interest, the demurrer to the present bill is sustained, with leave to amend in regard to this right of subrogation. McCbaey, C. J., concurs. ���Thb Fabmees' Loan & 'Ikust Company vs. Central Kail- EOAD of Iowa and others. �{Circuit Court, D. Iowa. May, 1880.) �JURiSDiOTiON — Masteu IN Chancery — Consent will not authorize » master in cliancery to aot as a referee at law. �The original suit was a bill in equity to foreclose a mort- gage upon the Central Eailroad of Iowa. In the course of the proceedings a receiver was appointed to operate the road, and while the road was in his hands one A. McKay was in- jured, as is claimed, by the negligence of the receiver's agents, engaged in running a train of freight cars. Subsequently, there was a deoree for the sale of the road, saving, however, the rights of ail persons who had claims against the receiver or the railroad company accruing while the receiver was in charge. The receiver bas been discharged, but, in virtue of certain orders and decrees beretofore made in the case, the court is authorized to enforee as against the road and the present owner ail such claims. �In January, 1879, McKay petitioned the court for leave to sue the receiver, and the matter was referred to the master to inquire into the facts and report upon the question whether leave to sue should be granted. �After this reference the parties stipulated that said mas- ter should hear and determine the whole case, and find the facts, the right to sue being admitted, and that his report should stand as the verdict of the jury. In pursuauce of ����