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SMITH v. McCULLOUGH

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104 U.S. 25 (1881)

26 L.Ed. 637

SMITH, v. McCULLOUGH.

Supreme Court of United States.

October 25, 1881.

Attorney(s) appearing for the Case

Mr. L.T. Hatfield for the appellant.

Mr. John P. Butler and Mr. A.W. Mullins, contra.

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

Waiving any inquiry as to whether such property as that in question could have been conveyed by mortgage in any other way than by estoppel against the mortgagor, we will consider whether the bonds issued by Sullivan County are embraced, or were intended to be embraced, by the mortgage to the Farmers' Loan and Trust Company. That question is within...

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