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ELWELL v. FOSDICK

No. 216.

134 U.S. 500 (1890)

10 S.Ct. 598

33 L.Ed. 998

ELWELL, v. FOSDICK.

Supreme Court of United States.

Decided March 31, 1890.

Attorney(s) appearing for the Case

Mr. W.H. Lyford for the Chicago and Eastern Illinois Railroad Company, one of the appellees, in support of the motion to dismiss.

Mr. Charles M. Osborn and Mr. Samuel A. Lynde, for the appellant, opposing.

MR. JUSTICE BLATCHFORD, after stating the case as above, delivered the opinion of the court.

It is contended for the bank that Elwell had no authority, as trustee in the second mortgage, to release errors in the foreclosure proceedings or in the decree and to waive the right to appeal from the decree; that his attempt to do so was a breach of trust, and outside of the powers and duties conferred upon him by the trust deed...

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