FLEMING V. SOUTTER, 73 U. S. 747 (1867)

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U.S. Supreme Court

Fleming v. Soutter, 73 U.S. 6 Wall. 747 747 (1867)

Fleming v. Soutter

73 U.S. (6 Wall.) 747




Where a decree of foreclosure and sale for default in payment of an amount due, contained a clause authorizing the complainants on petition to have an order of sale in case of default as to any future installment, successive orders of sale upon such summary proceeding by petition are regular and sufficient.

MR. JUSTICE NELSON stated the facts and delivered the opinion of the Court.

These are appeals from decretal orders made in the case of Soutter v. La Crosse & Milwaukee Railroad Company. That suit was instituted for the foreclosure of a mortgage on the Eastern Division of the road of the La Crosse & Milwaukee Company, and a decree had been entered in the circuit court in pursuance of a mandate from this Court in which it was directed that the

Page 73 U. S. 748

complainant shall be at liberty, when further installments of interest should become due and unpaid, to apply for an order for the sale of the said mortgaged premises in accordance with the mandate. On the 18th September, 1866, an order was entered directing a sale of the premises on account of default in the payment of $40,000, an installment of interest that had become due on the first of the same month, which order was entered on petition and due notice, and after argument by counsel. The first two appeals were taken from this order.

A second default was made in payment of another installment on the first of March, 1867, and after hearing the parties on both sides, an order for a sale was made on the fifth of the same month. The third appeal is from this order.

We have examined the proceedings to which objections have been taken and are of opinion that they are in conformity with the principal decree in the cause, and that the order should be


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