Page:Federal Reporter, 1st Series, Volume 3.djvu/104

 v. I., C. & L. R. —In re Petition of, Administrator.

(Circuit Court, S. D. Ohio.July, 1880.)

Upon motion for a trial by jury, The facts sufficiently appear in the opinion.

D. Thew Wright, for Cork, petitioner.

Hoadly, Johnson & Colston, for receiver.

, C. J.The defendant, a railroad corporation, issued a large number of bonds, and executed a mortgage on its road, franchise, and property, to secure their payment; and, having failed to pay the interest as it accrued, a bill was filed in this court to foreclose the security. On complainant’s application a receiver was appointed to preserve and operate the