Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose Railroad
Citations
- 139 U.S. 137
- 11 S. Ct. 512
- 35 L. Ed. 116
- 1891 U.S. LEXIS 2367
Syllabus
<p>Limitations upon the power of a trustee in a railroad mortgage to take proceedings to enforce payment of the amount secured should be construed strictly.</p> <p>A provision in a mortgage that the mode of sale provided by it “ shall be exclusive of all others ” is an attempt to provide against a remedy in the ordinary course of judicial proceedings and oust the jurisdiction of the courts, and is therefore Invalid.</p> <p>A provision in a statute authorizing notice to be given to an absent defendant to appear, by publishing the same in a newspaper once a week for four months, is not satisfied by a publication once a week for four lunar months; but the word “ month ” when so used signifies a calendar month. To support a decree for foreclosure against an absent defendant brought in by publication, publication for the full period required is necessary. Cooper v.jReynolds, 10 Wall. 308, distinguished.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “But the term is not a technical one, and when undefined, as here, it is commonly understood to mean a calendar month.”
- mortgage provision that mode of sale therein was to be exclusive mode
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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