The plaintiffs claim that neither the American Oriental Banking Corporation nor the Asia Realty, the holders of the registered title of the property, had any real interest in the property, which was actually. mortgaged to the plaintiff. The plaintiffs asked for 'a foreclosure to be ordered on the land and for judgment amounting to Tls. 43,000.
'Dr. Sellett submitted that the evidence called in the case proved that the American Oriental Banking Corporation held the plot of land as trustees for Mr. A. A. Royer personally, who was a Russian and' the fore the U.S. Court did not have power to proceed against him. He uintad out that Mr. Royer was in-debied to the bank for an amount yeater than the value of the proerly: n question and that Mr. Royer had signed at a later date a hypothecal form of the bank under whicn, if the bank held in safe keeping for Mr. Royer any property, the bank would have ing yesterday were Mr. T. F. McCrea, secretary and treasurer of the Asis Reslty Company, and Mr. J. Kleffel, former manager' of the "American Orientat Banking Corporation, for the defence. Mr. F. T. Harrop, who is connected with the plaintiffs, was recolled by Mr Allma Mr. McCrea said that he knew Mr. 'A. A. Royer, whom he believed was a Russian. 'Mr. Royer, he said, had dealings with his firm' regarding the purchase of plot of land in Columbia Circle. His firm, he said, had always regarded Mr.' Royer a3 the owner of the land and not the Royer Construction Corporation. Mr. Kleffel said that Mr. Royer was indebted the American Oriental Banking Co:- oration for $69,000 or $70,000...
Mr. Harrop said that in Septembe, 1931 the Royer Construction Corpora lon came to Messrs. Arnhold & Ca. Ltd. for financial assistance and as scourily for that financial assistance Messrs. Arnhold & Ca, Ltd, had all the slock of trade of the Royer Construction Corporation including the plot of land in Columbia Circle. Mr. /Reyer, Mr. Harrop contended, did not claim' to be the owner of the plot!
Judge Milton J. Helmick reserved Judgment in the case. He said that While the facts of the case were clear the difficulty arose as to whether not he could order the American [Oriental Banking Corporation to deliver the title documents either the plaintifis or to someone else.
Text read from the printed page and cleaned; old type leaves the occasional error.