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HILL V. NATIONAL BANK, 97 U. S. 450 (1878)

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U.S. Supreme Court

Hill v. National Bank, 97 U.S. 450 (1878)

Hill v. National Bank

97 U.S. 450

Syllabus

A., the owner of a parcel of land, consisting of four adjoining lots, three of them having buildings thereon, conveyed it in fee to B. in trust, to secure the payment of certain notes to C. He subsequently used the land and buildings as a paper manufactory, annexing thereto the requisite machinery, and secured by lease a supply of water as a motive power. Default having been made in paying the notes, B., under the power conferred by the deed, sold the land, excluding therefrom the machinery and water power therewith connected, and on the ground that they constituted an entirety, and should have been sold together, A., by his bill against C , obtained a decree setting aside said sale. The notes remaining unpaid, C. filed his bill against A. and the lessor of the water power to enforce the execution of the trust, and prayed that the land mentioned in said deed, including the fixtures, machinery, and water power, be sold as an entirety. The court below passed a decree accordingly. A. appealed here.

Held:

1. That the decree is correct.

2. That the former decree estopped the parties thereto from again litigating the questions thereby decided.

The facts are stated in the opinion of the Court.





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