22 FEDERAII REPORTER.
in accordwith the principles laid down in the case of Trustees v.
Greenough, supra, which are merely declaratory of the general rules
controlling courts of equity in cases like this. As to the moderation
of the allowance made by the chancellor, no showing is made here;
the only point decided at this time being as to the authority to allow
any fee. We see no reason to disturb the order heretofore made in
this case, and the rehearing will be denied.
Brmjmos, J., concurs.
Wl2AvER and others v. FIELD and others.*
(Circuit Court, E'. D. Louisiana. 1883.)
`Lrs rmvniins ru Sure Comma-.
The pendency of a. suit in the courts of a state for the foreclosureof a mort-
gage will not bar a suit in this court between the same parties for the fore-
closure of the same mortgage. Stanton v. .l1Juz.bre;q, 97 U. S. 548.
On Demurrer to Supplemental Bill.
John D. Rouse and Wm. Grant, for complainants.
RQ H. Marr, for defendants.
Plenum, J. The original bill, in addition to the usual allegations
in cases of foreclosure of a mortgage, alleged that-
· •· Heretofore, to-wit, on the fifth of February, 1878, he (complainant) presented
his petition to the sixth-district court for the parish of Orleans, and tiled
the same therein, together with said notes above described and a copy of said
act of mortgage, and prayed executory process thereon. which was granted, .
against said Spencer Field; and, after due demand for payment, executory
process issued from said court, and said property was advertised for sale by
the civil sheriff of the parish of Orleans, by virtue of said proceedings, the
same being entitled Daniel Weaver v. Spencer Field, and numbered 9,804 upon
‘ the docket of said court. And afterwards the said Spencer Field brought
suit in said sixth-district court against Daniel Weaver, to enjoin said sale
under said writ of executory process, and obtained an injunction peudente lite,
suspending proceedings in said suit N 0. 9,804, and said injunction suit still
remains undecided. And your orator avers that said Field is without right
to enjoin said sale, and that his proceedings are dilatory; that said injunction
was obtained without bond; and said defendants are and have been enjoying
the revenues of said property during the pendency of said proceedings, and
have neglected to pay the taiges thereon. And your orator avers that said
property is insufficient to pay the amount due under said mortgage, including
taxes and expenses; and that each of said defendants is insolvent; and that
a receiver is necessary to administer the property."
Hteported by Joseph P. Hornor, Esq., of the New Orleans bur.