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KNEELAND V. LUCE, 141 U. S. 437 (1891)

U.S. Supreme Court

Kneeland v. Luce, 141 U.S. 437 (1891)

Kneeland v. Luce

No. 38

Argued October 16, 19, 1891

Decided November 2, 1891

141 U.S. 437


In a suit in equity for the foreclosure of a railroad mortgage, this Court holds, on appeal by the purchaser at the foreclosure sale from a decree declaring the claim of an intervenor to be a lien upon the property, that the record is too meagre for it to determine whether there was any error in the decree.

Page 141 U. S. 438

A stipulation in this case that "testimony heretofore taken and filed in this cause . . . may be used in any future litigation touching" the subject of the controversy in the suit is held not to import into the suit testimony from other records in this Court, it not appearing by this record that such testimony was used by the appellant in the hearing below or that the appellees were parties to the stipulation.

In equity. The case is stated in the opinion.

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