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CONSTRUCTION CO. v. CANE CREEK

No. 112.

155 U.S. 283 (1894)

15 S.Ct. 91

39 L.Ed. 152

MASSACHUSETTS AND SOUTHERN CONSTRUCTION COMPANY, v. CANE CREEK TOWNSHIP.

Supreme Court of United States.

Decided December 3, 1894.

Attorney(s) appearing for the Case

Mr. Samuel Lord for appellants.

Mr. Ira B. Jones for appellee.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The plea to the jurisdiction should have been sustained. The substantial object of the suit was to obtain possession of the bonds. The Deposit and Trust Company was the party in possession, and, although it claimed no interest in the bonds as against the plaintiff and its codefendant, yet possession could not be enforced in favor of the plaintiff except by a decree against it. Where the...

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