Page:Federal Reporter, 1st Series, Volume 3.djvu/561

 554 FEDBBAL EBPORTBB. �decree. The assessor reports that French's wharf adjoins the location of the railroad, and was occupied by the tenants from August 17, 1871, until after the date of the writ, as a part of their railroad terminus in Boston. The demandants ■were not made parties to the foreclosure suit, but at the time of the transfer of the property from the receivers to the ten- ants the latter signed, under seal, and delivered to the de- mandants, paper "E," which is as follows: �"Whereas, the undersigned have been appointed trustees of the Berdell mortgage of the Boston, Hartford & Erie Eailroad Company; and, whereas, certain persons bave been or may hereafter be appointed assignees in bankruptcy of said Com- pany ; and, whereas, it is deemed forthe interest of ail the cred- itors of said corporation that the property of said corporation heretofore placed in the hands of receivers appointed by the courts of Massachusetts, Counecticut, and Rhode Island should be transf erred to said trustees ; and, whereas, said assignees forbear to oppose said transfer of said entire property to said trustees, and in consideration thereof, and for divers other good and valuable considerations, in thereto moving, we, the undersigned, in our said capacity, stipulate and agree that the decrees in any of said courts, heretofore or hereafter made, transferring said property to us, as aforesaid, shall not prejudice or impair the right of said assignees in bank- ruptcy in and to the title or possession of any of said prop- erty. �"Witness our hands and seals this twelfth day of August, A. D. 1871." �The demandants accepted the paper, and forebore to make any opposition to the decrees, or to the transfer of the prop- erty to the tenants. The assessor reports as follows : "I find that the tenants claimed title from the date of the entry, August 17, 1871 ; that the demandants wished the tenants to take possession, and were understood by the tenants to assent to their doing so, subject to whatever was reserved by said argreement 'E;' and that the demandants assented to the terms of said agreement 'E.' I do not find one way or the other as to the existence of a license apart from the following ����