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SIMMONS v. BURLINGTON &C. RAILWAY CO.

Nos. 11 and 12.

159 U.S. 278 (1895)

SIMMONS v. BURLINGTON, CEDAR RAPIDS AND NORTHERN RAILWAY COMPANY. BURLINGTON, CEDAR RAPIDS AND NORTHERN RAILWAY COMPANY v. SIMMONS.

Supreme Court of United States.

Decided October 21, 1895.

Attorney(s) appearing for the Case

Mr. Charles A. Clark for Simmons.

Mr. William A. Abbott filed a brief for Henry Clews.

Mr. J.M. Woolworth, (with whom was Mr. E.E. Cook on the brief,) for the Burlington, Cedar Rapids and Northern Railway Company.

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

The decisive questions in this case turn on the character and effect of the decree entered on October 30, 1875. Did that decree leave the rights under the second mortgage, known as the income and equipment mortgage, unadjudicated, and thereby subject the purchasers at the sale under the decree to a future inquiry into those rights, or was the decree final, as respects the property sold...

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