10 ·. FEDERAL mtronrxziz.
thereby imposed on Baker; and the property remaining, after satisfy-
ing the demands provided for, is, in equity, theproperty of complain-
ant. But had Chapman and Sayre redeemed with their own money,
in pursuance of the terms of their several agreements, the corporation
would doubtless have been entitled to take the property upon payment
of their advances. They were trustees for the corporation, and would
_ not be permitted to take advantage of their own position as such to »
V obtain a title to the propertyv as against the corporation, in violation
of their trusts, through the transactions set out.
— I concur in the order overruling the demurrer.
, Owens and another v. Omo CENT. tt. Go. T
CENTRAL Tiwsr Co. or New Yom: v. Omo CENT. B. C0.
_ (Circuit Court, D. West Virginia. 1884.) .
1. Jrmrsorcrron-Snuvrcut or Pnoosssf
The jurisdiction of a court attaches upon the service of process, and the
court whose process is iirst served upon the defendant will retain the cause.
2. SAME-Possession or- Pnorsnrr in Conraovsnsv. _
A court, having gained prior jurisdiction of a cause by the service of its pro-
cess, is not deprived of its jurisdiction by reason of the actual seizure of the
property in controversy by the othcer of a court having concurrent jurisdic-
tion.
3. SAME-—Wname J umsnrcrrou Arnenms.
The jurisdiction of a court of the United States to which a cause has been re-
moved from a state court relates back to the time of the original service of pro-
cess. . i
4. Sams-Anrm~:rsraArroN or Tnusr Esrarn.
The court iirst gaining jurisdiction of a part of a trust estate is entitled to
administer the whole, `even though some portion of the property lies within
the domain of another court. r
5. Tnosirnus-Rarcssr. T0 Sun·—Ac·rron nr Cssrur oun Tnusr.
When the trustees of a mortgage deed, executed for the security of bond-
holders. rcfuse toinstitute proceedings to enforce the security, the bondholders
themselves are entitled to prosecute a suit for that purpose.
In Equity. ` ,
E. L. Andrews and T. L. Brown, for complainants.,
. Szvnyne, Swayne tt Hays, for defendant. _ _
Jioxson, J. On the twenty-eighth day of September,. 1883, Nel-
son Robinson tiled his petition in the court of common pleas for Lu-
cas county, Ohio, making the Ohio Central Railroad Company and
the Central Trust Company of New York defendants, in which peti-
tion, among other things, he prayed for the appointment of a receiver
for. the railroad company whose, lines ran from the city of Toledo, in
the state of Ohio, to the city of Charleston, in the state of West Vir-
ginia, upon which day John E. Martin was appointed receiver of the
 r