Olcott v. Headrick

Citations

• 141 U.S. 543
• 12 S. Ct. 81
• 35 L. Ed. 851
• 1891 U.S. LEXIS 2544

Syllabus

<p>A decree of foreclosure and sale, made by a Circuit Court, on a railroad mortgage, provided that the purchaser should pay off all claims incurred by the receiver, and that all such claims should be barred unless presented within six mouths after the confirmation of the sale. On the sale the property was bought by the appellants. The decree confirming the sale provided that a deed should be given, and the purchasers should take the property, and the deed should recite that they took it, subject to all claims incurred by the receiver. After the six months had expired, the appellee filed a petition to recover damages for an injury sustained by him, as a passenger on the road, through the negligence of the employés of the receiver. The expiration of the six months was set up as a bar to the claim. It did not appear that the purchasers objected to the terms of the decree of confirmation, or appealed to this court from that decree. Held, that the Circuit Court had discretion to abrogate the six months’</p> <p>• limitation, and to decree that the purchasers should pay the claim, as the receiver had been discharged.</p>