Page:Federal Reporter, 1st Series, Volume 6.djvu/457

 UNION MUT. LIFE INS. CO. V. TJNIVBRSITT OF CHICAGO. 445 �of the county, who appears on behalf of the state ; by Carter H. Harrison, mayor of the city, and ex officia one of the regents of the university, and by Isaao N. Arnold, also a regent of the university, for the purpose of declaring that the mortgage or deed of trust which was executed by the board of trustees to the plaintiff in this case was inoperative, on the ground, I infer, of the clause contained in the memorandum of Mr. Douglas of November 10, 1856, which has already been referred to. The prayer of the bill is that Levi D. Boone, the trustee in the deed which was executed by the board of trustees for the benefit of the plaintiff in this case, the Uni- versity of Chicago, and John C. Burroughs, and the board of regents, who are made parties defendant, may be required to make fuU and direct answer to the same, etc. The bill asks that Boone and the Mutual Life Insurance Company may be perpetually restrained from attempting to foreclose the mort- gage, and that the said trust deed or mortgage may be set aside and declared void as against the said University of Chicago, as a oloud on its title, and that the said deed may be delivered up to be canceUed. �On the same day, the eighleenth day of Pebruary last, the Union Mutual Life Insurance Company filed a bill in this court to foreclose the mortgage or deed of trust, claiming that default had occurred in the payment of the interest, and that the principal and interest were due, and that they had a right to foreclose the mortgage ; claiming also that the university had failed in performing many of its contracts about keeping the property insured, etc. That bill contains this clause: "And your orator further charges that the said defendant, the University of Chicago, through its officers and agents, has conspired, or is couspiring, with divers persons to your orator unknown, to defeat your orator's recovery of its said claim as hereinbefore stated, by denying that it, the said defendant, the University of Chicago, had authority to exe- cute said trust deed, and to convey said promises, as in the manner herein set forth." �The defendants to this bill are the University of Chicago, a corporation created under the laws of this state; N. K. Fair- ��� �