Page:Federal Reporter, 1st Series, Volume 9.djvu/202

BLACK V. SCOTT. 187 �(1) The plea of the mortgagor is insufBcient. Under section 738, Rev. St. , he may he served out of the state, or brought in by publication. �(2) The plea of the assignee is also insufflcient. The court has jurisdiction to determine the amount due upon the mortgage, and flx the rights of the parties. Quœre, as to whether it can proceed to sell the property. �In Equity. On demurrer to plea8 to the jurisdiction. �Welck e Welch, for complainants. �G. H. Grosvenor, Brown e Koons, and John G. McGuffey, for re- spondents. �Swiso, D. J. The bill states substantially — That John Scott, on the second day of August, 1875, executed and delivered to Miner T. Ames and John M. Carse his 21 promissory notes, payable to the order of said Ames & Carse, with 8 per cent, interest — interest payable anau- ally; said notes being for different amounts, payable at different dates, the last six of which were for $1,000 each, and payable Xovember 1, 1877, Febru- ary, 1878, May 1, 1878, August, 1878, November, 1878, and February 1,1879; that said Scott, on the day of the execution of the notes, executed to com- plainant a deed of trust, to secure the payment of said notes; that the four notes due May 1, 1878, August 1, 1878, November 1, 1878, and February, 1879, were, before either of them became due, to-wit, about the tenth day of Sep- tember, 1877, for a full and valuable consideration, indorsed and delivered by said Ames & Carse to the Humboldt Safe Deposit & Trust Company, a corpo- ration of Pennsylvania, which now holds and owns the same, and about the same time and before the raaturity thereof, for a valuable consideration, the said Ames & Carse indorsed and delivered to the National Bank of Chicago, a corporation of the state of Illinois, the note due February 1, 1878, and in- dorsed and delivered to said John M. Carse* before maturity, and for a valua- ble consideration, the note for $1,000, due November 1, 1877, and who are still the owners and holders thereof; that the said John "W. Scott, on or about the twenty-third day of October, 1877, made an assigntaent of all his property to Charles A. Coble, a resident of said Athens county, who has duly accepted such trust and qualifled as said assignee; that complainant is a resident of Chicago, and state of Illinois; that John M. Carse is a resident of Illinois; that the Humboldt Safe Deposit & Trust Company is a corporation and resi- dent of Pennsylvania; that the Union National Bank is a corporation and resident of the state of Illinois; that said John W. Scott is a resident of Athens county, Ghio; and that John M. Grace is a resident of Ohio. Several other persons are made parties, all residents of Ohio. �The prayer of the bill is for an aceount of the amount that may be due on the several notes, and that John W. Scott may be decreed and ordered to pay the same; and that, in default of payment, the real estate included in the deed may be ordered to be sold,-as upon iudgments and executions at law, for the payment of the same. Sub- pœnas in chancery were issued, and the marshal returned, as to John W. Scott, "Served on John W. Scott by leaving a true copy thereof ��� �