MACALESTER v. MARYLAND


114 U.S. 598 (1885)

MACALESTER'S ADMINISTRATOR v. MARYLAND & Others.

Supreme Court of United States.

Decided May 4, 1885.


Attorney(s) appearing for the Case

Mr. Stewart Brown [Mr. Arthur George Brown was with him on the brief] for appellant.

Mr. Charles J.M. Gwinn and Mr. Charles B. Roberts, Attorney-General of Maryland, for appellees.


MR. JUSTICE GRAY, after making the foregoing statement of facts, delivered the opinion of the court.

An ordinary mortgagee of real estate, who has not taken possession under his mortgage, is not entitled to the rents and profits as against the mortgagor or his attaching creditors; and the same rule holds good in the case of a mortgage by a railroad, canal or bridge corporation of its tolls and revenues, which provides a mode...

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